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GLOSSARY

A Practical Guide to International Arbitration in London

GLOSSARY

Abbreviations

1996 Act Arbitration Act 1996
CIArb Protocol Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration
CPR Civil Procedure Rules
EC Regulation Also known as the Brussels Regulation “on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. It applies to all Member States of the European Community
IBA Rules of Evidence IBA Rules on the Taking of Evidence in International Commercial Arbitration
ICC International Chamber of Commerce
ICDR International Centre for Dispute Resolution
LCIA London Court of International Arbitration
UNCITRAL UN Commission on International Trade Law

Other definitions

ADR Alternative dispute resolution
Ad hoc agreement One off or submission agreement
Amiable compositeur Equity clause whereby the tribunal is not constrained by a national law, but can take account of broader considerations in the interest of justice and fairness
Arbitral institutions Institutions which appoint tribunals and administer arbitration such as the LCIA, ICC and ICDR, but not UNCITRAL
Arbitral rules Formal sets of rules promulgated by arbitral institutions or other bodies such as the UNCITRAL Rules
Bifurcation Splitting of the hearing into segments
Curial law The procedural law
Ex aequo et bono Equity clause whereby the tribunal is not constrained by a national law, but can take account of broader considerations in the interest of justice and fairness
Functus Lacking jurisdiction over the matter
Memorial Brief or written submission
Kompetenz-kompetenz The entitlement of the tribunal to rule on its own jurisdiction
Lex arbitri The national supervisory law
New York Convention The international convention signed by most of the major trading nations in the world relating to recognition and enforcement of arbitral awards
Pathological arbitration clause A defective clause
Seat The juridical place of the arbitration
Submission agreement Ad hoc or one off agreement

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