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Key compliance issues for an e-commerce website—checklist

Key compliance issues for an e-commerce website—checklist This Checklist sets out the key issues which a legal advisor to an e-commerce business (whether in-house or external) may wish to consider to help ensure the business complies with applicable e-commerce laws and to address legal risks that are particular to an e-commerce context. This Checklist is suitable for use with e-commerce businesses selling to consumers (B2C) or to other businesses (B2B). This Checklist does not consider matters that are generally applicable to all businesses (eg compliance with general data protection record keeping obligations, health and safety, employment law, taxation and so on). For further guidance on e-commerce, see Practice Notes: • Business to business e-commerce—introduction • Business to business e-commerce—legal issues • Business to consumer e-commerce—legal issues Issue Summary Resources which may help A. Website terms and information—ensure the following are in place Terms of use (of the website) It is advisable to include terms which set out the basis on which the website is provided and may be used....

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ICC (2021)—starting an arbitration

ICC (2021)—starting an arbitration This Practice Note considers how to commence an arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 unless the parties expressly agree that an earlier version of the ICC Rules will apply. For an introduction to the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises it is essential for parties and their advisors to review the dispute resolution clause in the relevant contract. Assuming that the clause provides for arbitration under the ICC Rules, at the outset, the parties should consider matters including: • any limitation period (either contractual or statutory) within which the arbitration must be started. For more information under English and...

Law of the arbitration agreement (England and Wales)

Law of the arbitration agreement (England and Wales) This Practice Note discusses the concept of the law of the arbitration agreement and how this law is determined under the law of England and Wales (England and English are used as convenient shorthand). The law of the arbitration agreement The arbitration agreement is most typically evidenced by a clause within a contract, although it may also be drafted in a stand-alone document either at the time of the contract or after the dispute has arisen. However, even where the clause sits within the main contract, it is autonomous under the doctrine of separability. This means, for example, that an arbitral tribunal appointed pursuant to the arbitration agreement has the power to make an award declaring that the underlying contract is invalid without undermining its own authority under the arbitration agreement. One of the consequences of this doctrine of separability is that the arbitration agreement is not necessarily governed by the same law that applies to the contract as a...

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Anti-suit injunction in support of arbitration—draft order

Anti-suit injunction in support of arbitration—draft order Claim No: [Insert details] In the high court of justice business and property courts of england and wales Commercial court (KBD) OR Claim No: [Insert details] In the high court of justice business and property courts in [insert location] [specify division] [specify specialist court] Before justice [Insert name] In the matter of the arbitration act 1996 And in an arbitration claim Between: 1 [CLAIMANT’S NAME] Claimant and 2 [DEFENDANT’S NAME] Defendant Draft order Upon the application of the Claimant dated [insert date] And upon reading the evidence submitted, including the witness statement of [insert name and date], together with exhibit [insert details] filed with that witness statement And upon hearing [Leading] Counsel for the Claimant And upon the claimant making the undertakings set out in the Annex to this Order It is ordered that: 1 The arbitration agreement in the [insert details of relevant contract containing the arbitration agreement] (the “Agreement”) is not null or void, inoperative or otherwise incapable of...

Case study—challenging jurisdiction by non-participation (AA 1996, s 72)

The case study This case study illustrates how parties may approach an application pursuant to section 72 of the Arbitration Act 1996 (AA 1996) for a ruling on whether the arbitral tribunal has substantive jurisdiction where the applicant has not participated in the arbitral proceedings. This case study should be read in conjunction with the Practice Note: AA 1996—challenging jurisdiction by non-participation (s 72). The case study

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Is a dispute resolution clause still binding between the parties when a contract terminates?

Is a dispute resolution clause still binding between the parties when a contract terminates? This Q&A focuses on whether a dispute resolution clause is binding between the parties in the event of a breach of contract leading to termination. Generally, whether or not a contractual term operates after termination is a question of construction (Port Jackson Stevedoring Pty Ltd v Salmond and Spraggon (Australia) Pty Ltd). If the parties expressly provide that a particular term is, or is not, to be enforceable when a contract terminates, the parties’ agreement will be enforceable. See Precedent: Survival of termination clause which allows parties to select clauses in an agreement that will survive termination of the agreement as a whole. When there is no express agreement, the courts will be left to decide what the parties must have intended. For a summary of the principles used by the courts when interpreting the meaning of contracts, see Practice Note: Contract interpretation—the guiding principles. Clauses which can be considered procedural in nature...

For an RTA in Guernsey where insurers have admitted liability, despite the claim falling outside of the low value RTA protocol, would this be subject to fixed recoverable costs or subject to assessed costs?

For an RTA in Guernsey where insurers have admitted liability, despite the claim falling outside of the low value RTA protocol, would this be subject to fixed recoverable costs or subject to assessed costs? Applicable law It is not clear where the claimant is domiciled, however we assume for the purposes of this Q&A that the claimant is domiciled in the UK. We refer you to Practice Notes: Road traffic accidents in the EU—jurisdiction and applicable law and Road traffic accidents in the EU—general principles which set out, in general terms, the principles applied to determination of these fundamental issues in European accident cases, while the second Practice Note: Road traffic accidents in the EU—general principles focusses on the application of rules more specific to road accident cases. As explained in Practice Note: Road traffic accidents in the EU—jurisdiction and applicable law: 'As will be set out below, the first step to addressing both questions is the identification of the correct defendant. Often, this will seem a straightforward...

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Spain can’t enforce €855m oil spill award against insurers

Law360, London: Spain has failed in its latest attempt to enforce an €855m Spanish judgment against maritime insurers over a huge oil spill off its coast, as an appeals court found on 12 December 2024 that it was prevented from doing so by English arbitration.

Multi-forum proceedings dismissed on grounds of res judicata (Tumpuan Megah Development v ING Bank and OW Bunker Far East)

Arbitration analysis: The Commercial Court has dismissed proceedings brought by Tumpuan Megah Development (TMD) against OW Bunker Far East (OWB) and ING Bank (ING), finding that the claim was precluded by findings in a previous LMAA arbitral award between the parties. In doing so, the court emphatically confirmed that, so long as an arbitral award remains unchallenged, it will have preclusive effect on later proceedings that seek to set up a factual case inconsistent with its conclusions. It did not matter that there were foreign proceedings underway in relation to that award or that there may yet have been a challenge to the award’s validity in a subsequent action for recognition or enforcement. The decision is a helpful guide to the circumstances in which the findings in an arbitral award can be re-opened in later litigation by the unsuccessful party, and what that party can do to avoid the preclusive effect of an adverse award. Written by Can Yeginsu, barrister and arbitrator at 3 Verulam Buildings.