REDOC - Revision PDF

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Personal Notes by BPTC Student...

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REDOC REVISION Tomlin order (Consent order) – 2 parts: body & schedule - The terms can be kept confidential bc the schedule is confidential - Schedule is ultimately a contract between the parties and contains the terms which are private and confidential. To enforce this, would need to lift the stay and get the court to make an order in your favour to compel compliance of the schedule - After proceedings begin, as it will bring proceedings to an end. Recording settlement before proceedings start, then just settlement agreement. If recording settlement after the issue of proceedings, need settlement agreement as well as consent order. In normal cases, it’d be a normal consent order. In special cases use tomlin order. Remedy for breach will be the same of any other contract – depends on what has been agreed in the schedule Settlement agreement – a contract signed by both parties - When settlement is reached, cost is part of it which is agreed. s.12 AA – if parties set a specific time by which arb proceedings should be brought a time has lapsed, court can extend time. In any dispute, begin with negotiation. However, there may be circumstances where negotiation won’t work because the relationship between the parties is poor & weak. Negotiation is the cheapest and fastest way as a form of ADR Would only need to enforce arbitral award when it is not being complied with. Method of enforcement available depends on the seat of the arbitration. We know that NYC applicable to countries that are signatory (most countries in the world) Need to know exceptions to the without prejudice rule – in the interest of justice Exceptions: misrep, duress or undue influence WATNA BATNA – worst & best alternative to the negotiation agreement - Conditions to figure out BATNA/WATNA: calculate the rate of success and what u risk losing Med-arb – mediation moves on to arbitration when there is no resolution Big advantage of institution is that they provide administrative support – they won’t argue on procedural/rules & matters. Ad hoc may be more flexible. Seat is a procedural anchor for arbitration – arb would be governed by AA 1996 and the English Court would have a supervisory role for the parties – that is if the seat is in England Ad hoc arb

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costs are controllable – arb is trying to be cost & time effective as possible. Savings made is disclosure – can adopt procedural rules – agree on product=ing documents an expert can directly resolve the dispute for you more flexibility – if in amicable terms can decide on own procedure

Institutional arb - provides admin support - provides internal appeal - rules & procedures are sent out so no dispute upon this - faster & cheaper if unsure how arb words as they will provide the facility peremptory orders – made under AA 1996 – for interim orders -

arbitrator would make an interim order in a normal way – if party doesn’t comply, then can make a peremptory order consequences if don’t comply is s.41(7) then if not, s.42 – that the court can enforce the orders

Without prejudice & confidentiality protect WP is a test of substance not form...