01 Plain Language for clients and counsel
Written to be used.
Complex legal topics explained clearly for clients, professionals, and the public, and precise enough to actually inform the decisions that follow.
Plain-language explainers, case commentaries, and practice notes across civil litigation, commercial litigation, business law, appeals, and select cross-border topics. Read, then get in touch if your situation calls for it. The Information Portal is a working archive, not marketing copy. Each post is written by counsel at the firm and drafted to the same standard of care we apply to the files we handle.
What you'll find
Each post is written by counsel at the firm and drafted to the same standard of care we apply to the files we handle. The aim is practical: explain the doctrine, note what has changed, and point to what matters next. Long-form articles, case commentary, and short practice notes on the mechanics of procedure.
Complex legal topics explained clearly for clients, professionals, and the public, and precise enough to actually inform the decisions that follow.
Recent developments, new case law, and procedural changes, written up as they happen with the practical consequences drawn out plainly.
Actionable takeaways so readers can move from reading to decision-making, whether that is on their own, with in-house counsel, or with us.
The information provided on this site is for general informational purposes only and should not be relied upon as legal advice. Content may not be comprehensive or current at the time you read it. Consult a qualified lawyer on any specific legal question or matter. Grigoras Law is not responsible for any damage or loss arising from reliance upon this information.
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The competence-competence principle in s. 17 of the Arbitration Act, 1991, the kinds of jurisdictional objection the cases recognize, the time limits in ss. 17(3) and 17(5) and the waiver that follows from missing them, the tribunal’s choice between a preliminary ruling and an award, the s. 17(8) application as a hearing de novo on a thirty (30) day clock, the remedies the court can and cannot grant, the bar on appeals in s. 17(9) and its two (2) limits, the s. 46 route after the award, and the parallel regime for international arbitrations under art. 16 of the Model Law and s. 11 of the International Commercial Arbitration Act, 2017.
The code in s. 54 of the Arbitration Act, 1991 for the costs of an arbitration, what those costs include, why the Rules of Civil Procedure and the court’s scales do not bind an arbitrator, the role of offers to settle under s. 54(5), the costs clause in the arbitration agreement, the tribunal’s fees, advances and security for costs, interest under s. 57, the narrow routes for challenging a costs award by appeal or set-aside, the enforcement of a costs award under s. 50, and the costs of the court proceedings that surround an arbitration.
The injunctions, preservation orders, Mareva orders and receiverships available while a commercial arbitration is pending, the tribunal’s own powers under ss. 18 and 31 of the Arbitration Act, 1991, which bind only the parties to the agreement, the court’s parallel jurisdiction under s. 8(1), the RJR-MacDonald test as the Commercial List applies it when an arbitration is the forum for the merits, the undertaking as to damages, and the Model Law regime of arts. 9 and 17 to 17J for international arbitrations.
The mandatory stay under s. 7 of the Arbitration Act, 1991 when a party sues despite the arbitration clause, the two-part framework from Peace River and the “arguable case” standard, the competence-competence principle and its two (2) exceptions, the five (5) statutory exceptions in s. 7(2), the step in the proceeding, partial stays under s. 7(5), the bar on appeals in s. 7(6), and the stay under art. 8 of the Model Law for international agreements.
The application under s. 50 of the Arbitration Act, 1991 that turns an award into a judgment of the Superior Court of Justice, the four (4) circumstances in which the court may decline, the thirty (30) days and the pending challenge, the ten-year limit, the recognition of international and foreign awards under the International Commercial Arbitration Act, 2017 and the New York Convention, and collection once judgment is given.
The three (3) appeal regimes in s. 45 of the Arbitration Act, 1991, what the words “final and binding” do to the right of appeal, the leave test and what counts as a question of law, the standard of review after Vavilov, the thirty-day limit, and the further appeal to the Court of Appeal.
What s. 46 of the Arbitration Act, 1991 lets a court do with an award, why its ten grounds are not an appeal, how the Court of Appeal has read the jurisdiction and fairness grounds, the thirty-day limit that no court can extend, and what the application looks like from the award to the Court of Appeal.
What the Arbitration Act, 1991 and the Evidence Act say about proof before an arbitrator, why hearsay is received and weighed rather than excluded, and the questions of evidence that decide most commercial arbitrations, from business records to the witness who is not called and cross-examination on a written statement.
What the arbitration clause in a shareholders’ agreement does when a partner sues for oppression anyway, and what an arbitrator can order once the dispute gets there.
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