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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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