Extended Operational and Trade Vocabulary

Maritime Arbitration and Dispute Resolution glossary

Terminology of maritime arbitration: ad hoc versus institutional proceedings under LMAA Terms and UNCITRAL rules, the adversarial common-law model, affirmations and agreed bundles, allocation of costs following the event, and the amiable-compositeur and procedural concepts governing resolution of charterparty and shipping disputes in London, New York and Singapore.

316 defined terms.

Showing 250 on this page (page 1 of 2).

A

Ad Hoc Arbitration: A reference conducted outside any institutional rules, with procedure agreed by the parties or directed by the tribunal under the curial law.
Adversarial system: Procedural model dominant in common law maritime arbitration where parties drive evidence gathering and the tribunal sits as a neutral umpire.
Affirmation (oath alternative): Solemn non-religious declaration to tell the truth, used interchangeably with an oath when a witness gives evidence in maritime arbitration.
Agreed bundle: Single paginated set of documents agreed by the parties for use at a maritime arbitration hearing, typically prepared per LMAA Checklist guidance.
Allocation of costs: Tribunal decision on which party bears arbitration costs and at what proportion, usually following the principle that costs follow the event under English-seated arbitrations.
Amiable compositeur: Arbitrator empowered to decide ex aequo et bono rather than strictly by law, rare in commercial maritime arbitration and requiring express authorization.
Annulment (ICSID): Limited post-award remedy under Article 52 of the ICSID Convention; not applicable to commercial maritime awards which proceed under the New York Convention.
Anti-arbitration injunction: Court order restraining a party from continuing arbitration proceedings, disfavored in pro-arbitration jurisdictions like England, Singapore, and Hong Kong.
Anti-Suit Injunction: An order of an arbitral tribunal or supervisory court restraining a party from commencing or continuing foreign proceedings in breach of an arbitration agreement.
Apparent bias: Test under English law (Porter v Magill) asking whether a fair-minded and informed observer would conclude there was a real possibility of arbitrator bias.
Appeal on a Point of Law: A challenge to an arbitration award under section 69 of the English Arbitration Act 1996, available only with leave or agreement.
Application to Set Aside: A challenge to an award under sections 67 or 68 of the English Arbitration Act 1996 for lack of jurisdiction or serious irregularity.
Arbitrability: Doctrine determining whether a particular dispute can be resolved by arbitration; in maritime practice almost all charterparty, bill of lading, and shipbuilding disputes are arbitrable.
Arbitral institution: Body that administers arbitrations and provides rules, such as LMAA, SMA, SCMA, HKIAC, CIETAC, CMAC, TOMAC, GMAA, and ICC.
Arbitration Agreement: A written agreement to submit present or future disputes to arbitration, severable from the matrix contract and governed by its own applicable law.
Arbitration clause (charterparty): Express clause within a charterparty providing for arbitration of disputes, e.g., the BIMCO Dispute Resolution Clause 2020 or NYPE clause 17.
Arbitrator immunity: Statutory protection (e.g., section 29 English Arbitration Act 1996) shielding arbitrators from civil liability except for bad faith.
Arbitrator's fees: Remuneration paid to the tribunal, typically hourly under LMAA Terms or ad valorem in ICC practice.
Article 8 (UNCITRAL Model Law): Provision requiring a court before which an action is brought in a matter subject to arbitration to refer the parties to arbitration.
Article II New York Convention: Obliges Contracting States to recognize agreements in writing to arbitrate and to refer parties to arbitration.
Article V New York Convention: Sets out the exhaustive grounds on which recognition or enforcement of a foreign arbitral award may be refused.
Article V(1)(a): Refusal ground concerning incapacity of a party or invalidity of the arbitration agreement under the applicable law.
Article V(1)(b): Refusal ground for lack of proper notice or inability to present a case (due process).
Article V(1)(c): Refusal ground where the award deals with matters outside the scope of the submission to arbitration.
Article V(1)(d): Refusal ground for irregular composition of the arbitral authority or procedure not in accordance with the parties' agreement.
Article V(1)(e): Refusal ground where the award has not yet become binding or has been set aside or suspended in the seat.
Article V(2)(a): Refusal ground where the subject matter is not capable of settlement by arbitration under the law of the enforcing state.
Article V(2)(b): Refusal ground where recognition or enforcement would be contrary to public policy of the enforcing state.
Assignment of arbitration agreement: Transfer of rights under a contract including the embedded arbitration clause, generally permitted but raising questions of consent in chain charterparty disputes.
Award: The final or partial decision of an arbitral tribunal disposing of issues referred to it.

B

Baltic Exchange: London-based provider of freight market information and assessments.
Bank guarantee (security): Common form of security for a maritime claim, provided in lieu of arrest or as security ordered by the tribunal.
Bareboat charter arbitration: Disputes arising under BIMCO BARECON 2017 or BARECON 2001, typically referred to LMAA arbitration in London.
Best evidence rule: Common law preference for original documents, much relaxed in modern maritime arbitration where copies are routinely admitted.
Bias challenge: Application to remove an arbitrator for actual or apparent bias under section 24 of the English Arbitration Act 1996 or institutional equivalents.
Bifurcation: The procedural ordering by a tribunal of liability and quantum, or jurisdiction and merits, as separate phases of the reference.
Bill of lading arbitration: Disputes under bills of lading that incorporate a charterparty arbitration clause; whether the incorporation is effective is governed by cases like The Channel Ranger and The Federal Bulker.
BIMCO: Baltic and International Maritime Council, drafter of standard maritime contracts.
BIMCO Dispute Resolution Clause 2020: Standard clause offering four options including LMAA London arbitration, SMA New York arbitration, SCMA Singapore arbitration, or other named seat with mediation provisions.
BIMCO Law and Arbitration Clause 2020: Revised drafting that combines choice of law and arbitration into a single clause for use in BIMCO standard forms.
BIMCO Mediation Clause: Optional mediation step embedded in the BIMCO Dispute Resolution Clause 2020, permitting either party to propose mediation at any time during arbitration.
Binding award: Award that creates res judicata between the parties, enforceable under the New York Convention without further confirmation in the seat (Article V(1)(e)).
Brandt v Liverpool Contract: Implied contract doctrine arising from cargo delivery against bill of lading presentation.
Brussels Recast Regulation: Former EU jurisdictional regime (1215/2012) whose interplay with English anti-suit injunctions led to the Front Comor decision, now of reduced direct relevance to England post-Brexit.
Bunker dispute: Common arbitration subject involving quality, quantity, or contamination of marine fuel, often referred to LMAA or SCMA.
Burden of proof: Allocation of the duty to establish facts; in maritime arbitration typically falls on the claimant to prove its case on the balance of probabilities.

C

CAFI (China Maritime Arbitration Commission Hong Kong Arbitration Center): CMAC's Hong Kong office established to broaden access to mainland maritime arbitration administration.
Case management conference: Procedural meeting between tribunal and parties to set the timetable, scope, and procedural rules for the arbitration.
CENTROCON Arbitration Clause: A historic centralized London arbitration clause once standard in grain charters.
Challenge to arbitrator: Application to remove an arbitrator for lack of impartiality, independence, or qualifications, typically decided by the institution or, in ad hoc cases, by the curial court.
Charterparty arbitration: Disputes under voyage, time, or bareboat charterparties, by far the most common subject matter of maritime arbitration globally.
Cherry-picking (evidence): Selective disclosure of favorable documents, addressed in maritime arbitration through Redfern Schedule document production orders.
Chess-clock hearing: Hearing format allocating equal speaking time to each side, used to manage time at expedited maritime hearings.
CIArb (Chartered Institute of Arbitrators): Professional body that trains and certifies arbitrators worldwide, including many maritime practitioners.
CIETAC: China International Economic and Trade Arbitration Commission, occasionally seized of shipping arbitrations.
Civil law inquisitorial approach: Procedural model influencing tribunals composed of civil law lawyers, with more tribunal-led fact gathering than in pure common law practice.
CMAC (China Maritime Arbitration Commission): Beijing-headquartered specialist maritime arbitration body, with sub-commissions in Shanghai, Tianjin, Hong Kong, and elsewhere.
CMAC Rules 2021: Current procedural rules of the China Maritime Arbitration Commission governing maritime, logistics, and shipbuilding disputes.
Coastguard reports: Frequently produced as evidence in collision and incident arbitrations, subject to weight rather than admissibility issues.
Code of Civil Procedure Book IV (France): French arbitration law (Articles 1442 to 1527) governing both domestic and international arbitration seated in France, including maritime references to the Chambre Arbitrale Maritime de Paris.
Cogsa (US): US Carriage of Goods by Sea Act 1936, often forming the substantive law in bill of lading arbitrations seated in New York under SMA Rules.
Collision arbitration: Rare but possible reference of ship collision disputes to arbitration where parties agree, more commonly handled by Admiralty courts.
Commencement of arbitration: Formal act of starting an arbitration, defined under section 14 of the English Arbitration Act 1996 typically by service of a notice on the other party.
Concurrent hearings: Hearings of related arbitrations conducted in parallel, used in chain charter disputes under LMAA Terms paragraph 16.
Confidentiality: Property that information is not disclosed to unauthorized parties.
Confirmation of award (US): Procedure under section 9 of the US Federal Arbitration Act for entering a judgment on the award in a US district court.
Conflict of Laws: The body of rules determining which substantive law governs a transaction with cross-border elements.
Consolidation: Combining several shipments into one container or unit.
Contempt of court: Sanction for breach of court orders supporting arbitration, e.g., violation of a freezing order or anti-suit injunction.
Costs Award: Decision of a tribunal allocating costs of the arbitration between the parties.
Costs follow the event: English costs principle reflected in section 61(2) of the Arbitration Act 1996, generally applied by LMAA tribunals.
Counter-security: Security ordered against a party seeking interim relief to protect the respondent from damages if the relief proves unjustified.
CPR Part 35: English Civil Procedure Rules governing experts; informs the duty owed to the tribunal in maritime arbitration and the contents of expert reports.
Cross-examination: Oral questioning of a witness by the opposing party's counsel, central feature of common law maritime hearings under LMAA and SMA practice.
Curial court: Court at the seat of arbitration with supervisory jurisdiction over the arbitration, e.g., the English Commercial Court for LMAA references.

D

DAC Report 1996: Report of the Departmental Advisory Committee on Arbitration that accompanied and explained the English Arbitration Act 1996.
Damages-based costs: Approach in some jurisdictions to costs awards calculated by reference to the amounts in dispute; not the principal English approach.
Default Award: An award issued where one party fails to participate in the reference despite proper notice.
Demurrage claim arbitration: Dispute over freight market liquidated damages for delay beyond laytime, by far the highest volume claim type in LMAA references.
Despatch claim: Counterpart of demurrage paid by owners for time saved in loading or discharge, often arbitrated alongside demurrage in voyage charterparty disputes.
Determination of preliminary issue: Procedural device to decide a discrete legal or factual question, often used in jurisdiction or limitation challenges.
Direct examination: Initial questioning of a witness by the party calling them; in many maritime arbitrations replaced by written witness statements taken as evidence in chief.
Disclosure: The pre-contract duty of the assured to disclose material circumstances to the underwriter, reformed in the UK by the Insurance Act 2015.
Discovery (US): Broader US procedural concept including depositions, interrogatories, and document production; the SMA Rules constrain discovery in arbitration.
Dispute Resolution Clause: The contractual provision selecting forum, governing law, and procedure for resolving disputes.
Document production: Procedure for compelling production of relevant documents in arbitration, commonly governed by the IBA Rules on the Taking of Evidence 2020 and managed via a Redfern Schedule.
Domestic arbitration: Arbitration between parties from the same state; distinguished from international arbitration for some procedural purposes in laws such as the Singapore IAA and AA.
Double-hatting: Practice of acting both as arbitrator and counsel in different but related matters, scrutinized under IBA Guidelines on Conflicts of Interest.
Drafting (award): Process of writing the tribunal's reasons and operative part, governed by formal requirements at the seat such as section 52 of the English Arbitration Act 1996.
Due process: Fundamental fairness requirements protected under Article V(1)(b) of the New York Convention and reflected in national arbitration statutes.

E

Email arbitration commencement: Now generally accepted under section 14 of the English Arbitration Act 1996 as a valid mode of commencement (The Eastern Navigator).
Emergency Arbitrator: A pre-tribunal appointee under certain institutional rules empowered to grant urgent interim relief.
Enforcement of award: Process of obtaining curial or foreign court recognition and execution of the award, principally under the New York Convention 1958.
English Arbitration Act 1996: The statute consolidating the law of arbitration for seats in England, Wales, and Northern Ireland.
English Commercial Court: Specialist branch of the King's Bench Division with supervisory jurisdiction over London-seated arbitrations including LMAA references.
Equality of treatment: Mandatory principle reflected in section 33 of the English Arbitration Act 1996 requiring the tribunal to act fairly and impartially as between the parties.
Equity in arbitration: General reference to fairness; only enforceable as decisional standard if parties expressly authorize ex aequo et bono determination.
Ex aequo et bono: Decision according to what is fair and good rather than strictly by law, available only with express party agreement.
Ex parte application: Application made without notice to the other party, e.g., for freezing orders in support of arbitration; sparingly granted.
Examination in chief: Direct examination by the party calling the witness; in LMAA practice usually replaced by adopting a written statement.
Excess of mandate: Ground for setting aside or refusing enforcement where the tribunal decides matters beyond the scope of the submission, captured in Article V(1)(c) of the NYC.
Exclusion agreement: Agreement under section 69(1) of the English Arbitration Act 1996 to exclude appeals on points of law; deemed by adopting the LMAA Terms 2021.
Expedited procedure: Faster procedural track with shortened time limits, available under SCMA Rule 44, HKIAC Article 42, SIAC Rule 5, and ICC Article 30.
Expert Determination: An alternative dispute resolution mechanism, used in some marine policies for technical disputes.
Expert report: Written opinion of an expert witness setting out qualifications, instructions, methodology, and conclusions.
Expert Witness: Independent engineer engaged to opine on a heavy lift or transport dispute.
Expert witness conferencing: Procedure where experts give evidence concurrently, sometimes called hot-tubbing, allowing direct exchange and tribunal questioning.

F

FALCA: The Fast and Low Cost Arbitration procedure formerly offered by the LMAA, discontinued following revisions to the Intermediate Claims Procedure.
Federal Arbitration Act (US FAA): US statute governing arbitration, with Chapter 1 covering domestic arbitration, Chapter 2 implementing the New York Convention, and Chapter 3 implementing the Panama Convention.
Federal Arbitration Act Chapter 1: Sections 1 to 16 of the FAA establishing the validity and enforceability of arbitration agreements and awards in US domestic arbitration.
Federal Arbitration Act Chapter 2: Sections 201 to 208 of the FAA implementing the New York Convention 1958 in US law.
Federal Arbitration Act Chapter 3: Sections 301 to 307 of the FAA implementing the Inter-American Convention on International Commercial Arbitration (Panama Convention 1975).
Final Award: Concluding salvage arbitration determination after all evidence and submissions.
Force majeure dispute: Maritime claim about excuse from contractual performance due to extraordinary events, frequently arbitrated after pandemics or sanctions.
Forum Non Conveniens: Doctrine for declining jurisdiction in favor of a more appropriate forum.
France Code of Civil Procedure Book IV: French arbitration regime substantially modernized in 2011 (Decree 2011-48), pro-arbitration and a popular seat for maritime references in Paris.
Freezing Injunction: A court order restraining a party from dissipating assets pending judgment, available in support of arbitration.
Front Comor (Allianz v West Tankers): 2009 ECJ decision that, while in force, prevented English courts from issuing anti-suit injunctions to restrain EU court proceedings brought in breach of an arbitration agreement; revived in English…
Functus officio: Doctrine that the tribunal's mandate ends with the final award save for limited slip rule corrections and additional awards.

G

Gafta arbitration: Grain and Feed Trade Association arbitration, technically commodity rather than maritime but often arising in chartered cargo disputes.
Gencon charterparty: BIMCO standard voyage charter, with Gencon 1994 clause 19 providing alternative arbitration regimes including London (LMAA) and New York (SMA).
General average arbitration: Possible mechanism for disputed York-Antwerp Rules adjustments where parties have agreed arbitration; more commonly resolved by adjusters and courts.
German Maritime Arbitration Association (GMAA): The Hamburg-based arbitral institution with rules tailored for German seated maritime arbitration.
Good Faith: foundational principle of marine insurance under section 17 of the Marine Insurance Act 1906, modified by the Insurance Act 2015.
Governing law: Substantive law chosen to govern the contract, distinct from the lex arbitri governing the arbitration itself.

H

Hamburg Rules: 1978 UN Convention on Carriage of Goods by Sea.
Hardship clause: Contractual provision allowing renegotiation on supervening events; disputes over operation may be arbitrated.
Hearing bundles: Indexed and paginated document compilations prepared for an arbitration hearing, typically electronic in modern LMAA and SCMA practice.
HKIAC (Hong Kong International Arbitration Centre): Major Asian arbitration institution administering maritime and general commercial disputes under its 2018 Administered Arbitration Rules.
HKIAC Administered Arbitration Rules 2018: Current HKIAC procedural rules including consolidation, joinder, emergency arbitrator, and expedited procedure provisions.
HKIAC maritime panel: Specialized list of arbitrators maintained by HKIAC with expertise in shipping, marine insurance, and shipbuilding disputes.
Hong Kong Arbitration Ordinance (Cap 609): Hong Kong statute based on the UNCITRAL Model Law with modifications, governing arbitrations seated in Hong Kong.
Hong Kong as seat: Recognized neutral seat in Asia for maritime arbitration, benefiting from the New York Convention and a pro-arbitration judiciary.
Hostage clause: Informal term for a clause requiring substantial security before counterclaims can proceed; raises arbitrability and fairness concerns.
Hot-tubbing: Concurrent evidence procedure where experts answer questions together, increasingly used in maritime arbitrations to test technical evidence.

I

IBA Guidelines on Conflicts of Interest (2024): International Bar Association guidance distinguishing situations under traffic-light lists for arbitrator disclosure and disqualification.
IBA Rules on Party Representation (2013): Soft-law guidelines on counsel conduct, including communications with witnesses and document production duties.
IBA Rules on the Taking of Evidence (2020): Soft-law standard for evidence in international arbitration, governing document production, witness evidence, and expert reports.
ICC (International Chamber of Commerce): Paris-headquartered arbitration institution whose International Court of Arbitration administers some shipping disputes, particularly involving shipbuilders and conversion contracts.
ICC International Court of Arbitration: Body that does not itself decide cases but supervises and scrutinizes awards, fixes fees, and confirms arbitrators in ICC arbitrations.
ICC Rules 2021: Current ICC procedural rules including provisions for joinder, consolidation, expedited procedure, and the Scrutiny of Awards by the Court.
ICSID: International Centre for Settlement of Investment Disputes which has handled investment arbitrations involving port concessions.
Ikarian Reefer guidelines: Duties of expert witnesses set out by Cresswell J in National Justice Compania Naviera v Prudential Assurance (The Ikarian Reefer) (1993), widely adopted in maritime arbitration.
Immigration of arbitrators: Practical visa issue where arbitrators must travel for hearings; addressed by virtual hearings post-2020 in much of LMAA and SCMA practice.
Immunity from suit (arbitrator): Statutory protection in section 29 English Arbitration Act 1996; also in Article 25 HKIAC Rules.
Impartiality: Mandatory arbitrator duty under section 33(1)(a) English Arbitration Act 1996 and equivalent provisions worldwide.
In rem proceedings: Admiralty action against the ship itself; commonly used to obtain security in support of arbitration commenced abroad.
Independence: Requirement that the arbitrator have no relationship with the parties that compromises judgment, addressed in IBA Guidelines and most institutional rules.
Indian Arbitration and Conciliation Act 1996: Indian statute based on the UNCITRAL Model Law, governing arbitrations seated in India including maritime references administered by the Indian Council of Arbitration.
Initial procedural order: Tribunal's first order typically setting timetable, language, electronic filing, IBA Rules adoption, and document production methodology.
Inquisitorial approach: Tribunal-led fact gathering more typical in civil law jurisdictions and in some CMAC practice.
Institutional Arbitration: Arbitration administered by an institution such as ICC, LCIA, SIAC, HKIAC, or LMAA.
Inter-American Convention on International Commercial Arbitration (Panama Convention 1975): Regional convention for the Americas paralleling the New York Convention, implemented in the US through FAA Chapter 3.
Interim Measures: Provisional relief ordered by a tribunal or court in support of the reference, including security and preservation of evidence.
Intermediate Claims Procedure (ICP): LMAA streamlined procedure for claims between approximately USD 100,000 and USD 400,000, restated in the 2021 version, with capped recoverable costs.
International arbitration: Cross-border arbitration involving parties from different states or assets and performance abroad; broader recourse to the New York Convention.
International Group of P&I Clubs: Association of 12 mutual P&I insurers.
Investor-state arbitration: Treaty-based arbitration of investor claims against states under BITs; rare for shipowners outside port investment claims.
Issue of arbitral proceedings: Formal commencement step recognized for limitation purposes under section 14 of the English Arbitration Act 1996.

J

JAMS arbitration: US-based ADR provider sometimes used for maritime disputes between US parties as alternative to SMA.
Joinder of Parties: The procedural addition of an additional party to an existing reference, requiring consent under the LMAA Terms.
Joint Expert: A single expert appointed jointly by the parties to address defined issues in the reference.
Judicial review of award: Limited curial review under the seat's lex arbitri, not a general appeal on merits in most modern arbitration laws.
Jurisdiction-cum-arbitration clause: Clause referring some disputes to court and some to arbitration; raises construction issues, often resolved by Fiona Trust presumption in favor of one-stop adjudication.
Jurisdictional challenge: Application alleging the tribunal lacks jurisdiction, decided as a preliminary issue under the competence-competence principle.

K

Kompetenz-Kompetenz: Doctrine that the tribunal has power to rule on its own jurisdiction, codified in section 30 of the English Arbitration Act 1996.

L

Language of arbitration: Procedural language adopted for proceedings; English is standard in LMAA, SCMA, HKIAC, and SMA maritime references.
Law and Arbitration Clause (BIMCO): BIMCO standard wording combining choice of law and arbitration, with selectable seats including London, New York, Singapore, and free choice.
Lex Arbitri: The procedural law governing the arbitration, generally that of the seat.
Lex Causae: The substantive law governing the merits of the dispute.
Limitation of liability arbitration: Claims to limit liability under the LLMC 1976 or 1996 Protocol; usually court-determined, occasionally referred to arbitration.
Limitation periods (LMAA): Time bars under the contract or English Limitation Act 1980 apply to LMAA references; commencement is governed by section 14 of the Arbitration Act 1996.
Liquidated Damages: A contractually agreed pre-estimate of loss, enforceable provided it is not a penalty.
LMAA: London Maritime Arbitrators Association.
LMAA Checklist: Pre-hearing checklist published by the LMAA for preparation of hearings under the Terms.
LMAA Intermediate Claims Procedure 2021: Rules for medium-value disputes between US dollars 100,000 and US dollars 400,000.
LMAA Mediation Terms 2002: Optional procedural framework for mediation services administered through LMAA members.
LMAA Small Claims Procedure 2021: Procedure for low-value claims up to US dollars 100,000 under a sole arbitrator on documents.
LMAA Terms 2021: The current standard procedural terms of the LMAA for full-length references.
LMAA Tribunal: The arbitral panel constituted under an LMAA arbitration clause, typically sole or three-member.
London as seat: Most common seat for maritime arbitration globally, supported by the English Arbitration Act 1996 and the Commercial Court.
Lump sum freight dispute: Common voyage charter dispute referred to maritime arbitration over deductions or non-performance.

M

Marine insurance arbitration: Disputes under hull, cargo, or P&I policies; some standard wordings expressly refer disputes to arbitration.
Maritime expert: Specialist witness with seafaring, surveyor, naval architect, or commercial shipping background giving opinion evidence.
Maritime panel (HKIAC): List of maritime-specialist arbitrators maintained by HKIAC.
Med-arb: Hybrid process where the same neutral acts first as mediator and, failing settlement, as arbitrator; more common in CMAC and CIETAC practice than in LMAA.
Mediation: Voluntary non-binding facilitated settlement process, increasingly combined with arbitration through tiered clauses including the BIMCO Mediation Clause.
Memorial style: Submission style with full pleadings and supporting evidence filed together, more common in ICC and HKIAC than in LMAA pleading-style references.
Merits Hearing: The oral hearing at which evidence and submissions on substantive issues are made to the tribunal.
Misconduct (arbitrator): Historical English law concept replaced under the 1996 Act by serious irregularity under section 68.
Model Law (UNCITRAL): Model legislative text adopted with amendments in 2006, basis for arbitration laws in Singapore (IAA), Hong Kong, Germany, and many other jurisdictions.
Multi-tier dispute clause: Sequential negotiation, mediation, and arbitration provision; failure to follow tiers may go to admissibility or jurisdiction depending on lex arbitri.

N

National Court intervention: Limited assistance role under section 44 English Arbitration Act 1996 including witness summonses, preservation of evidence, and interim relief.
Natural justice: Common law principle of fair hearing reflected in section 33 English Arbitration Act 1996 and protected by Article V(1)(b) of the New York Convention.
Neutrality of seat: Selection of a third country seat for cross-border disputes, e.g., Singapore for India-China contracts or Hong Kong for European-Asian contracts.
New York as seat: Dominant US seat for maritime arbitration, governed by FAA and most often under SMA Rules.
New York Convention 1958: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
NIPPONSALE: Standard sale form whose arbitration clause typically refers disputes to TOMAC in Tokyo.
No oral hearing: Documents-only procedure available under LMAA Small Claims Procedure and many institutional expedited tracks.
Notice of Arbitration: The written notice commencing the arbitral reference under the LMAA Terms or other applicable rules.
NYPE 1946: New York Produce Exchange time charter party, 1946 revision.
NYPE 1993: Updated NYPE form widely used in dry bulk and container trades.
NYPE 2015: New York Produce Exchange standard time charter form.

O

Oath: Solemn religious affirmation of truth, available alongside non-religious affirmation for witnesses giving oral evidence.
Objections to admissibility: Procedural objections to a claim that do not go to the tribunal's jurisdiction, e.g., failure to negotiate first under a multi-tier clause.
Off-hire dispute: Common time charter arbitration over periods during which hire is not payable under clause 15 (NYPE 1946) or equivalent.
Opening submissions: Initial advocacy at hearing summarizing each side's case.
Oral evidence: Live witness testimony given at hearing, subject to cross-examination and tribunal questions.

P

Panama Convention 1975: Inter-American Convention on International Commercial Arbitration; implemented in US law by FAA Chapter 3.
Partial Award: An award resolving some but not all issues in the reference.
Party autonomy: Foundational principle of arbitration allowing parties to design their own procedure within mandatory norms of the lex arbitri.
Party-appointed arbitrator: Arbitrator nominated by one party in a three-member tribunal, subject to duties of independence and impartiality equal to the chair.
Peremptory order: Tribunal order made under section 41(5) English Arbitration Act 1996 backed by sanctions for non-compliance.
Performance dispute: Generic category covering speed and consumption claims, hold cleanliness disputes, and other operational performance issues common in time charter arbitration.
Petroleum charter arbitration: Tanker disputes under ASBATANKVOY, SHELLVOY 6, BPVOY 5, EXXONMOBIL VOY 2012, all of which contain arbitration clauses (typically LMAA or SMA).
Pleadings-only award: Award rendered without oral hearing, frequent under LMAA Small Claims Procedure and Intermediate Claims Procedure.
Pre-arbitration mediation: Tier in BIMCO Mediation Clause and many multi-tier clauses requiring or permitting mediation before or during arbitration.
Preliminary Issue: A discrete issue separated for determination ahead of the main hearing.
Preliminary meeting: Initial procedural meeting between tribunal and parties to set procedural directions; mostly replaced by exchange of written directions and call.
Procedural Order: A direction by a tribunal regulating the conduct of the reference.
Procedural timetable: Calendar fixed by the tribunal for pleadings, disclosure, witness statements, expert reports, pre-hearing review, and hearing.
Production of Documents: The disclosure obligation in arbitration, often governed by the IBA Rules on the Taking of Evidence.
Public policy: Limited ground for refusing recognition or enforcement under Article V(2)(b) NYC, narrowly construed in pro-enforcement jurisdictions.

Q

Quantum Meruit: Restitutionary measure where contract fails but services rendered.
Question of law (s 69): Limited appeal route in English-seated arbitrations on a point of English law, requiring leave from the court, typically excluded by LMAA Terms.

R

Reasoned Award: An award stating the tribunal's reasons for its decision, required under section 52 of the English Arbitration Act 1996 unless dispensed with by agreement.
Recognition of award: Acknowledgement by a court that an award is binding, distinct from enforcement which is the act of execution.
Redfern Schedule: Tabular document production tool developed in international arbitration practice, listing requests, opposing comments, and tribunal rulings in four columns.
Reference (LMAA): Common LMAA term for an individual arbitration matter.
Refusal of enforcement: Court decision declining to enforce a foreign award on Article V grounds; recorded in the UNCITRAL CLOUT and ICCA Yearbook.
Reinstatement of arbitration: Procedure for reactivating a stayed arbitration, often required where claims revive after security or settlement falls through.
Removal of arbitrator: Statutory power of the court under section 24 English Arbitration Act 1996 to remove an arbitrator for bias, incapacity, or substantial injustice.
Reply submissions: Last round of written pleadings before the hearing, responsive to the rejoinder.
Res judicata: Doctrine preventing relitigation of issues already determined; binding awards have res judicata effect under Article III NYC.
Right to be heard: Mandatory due process right protected under section 33 English Arbitration Act 1996 and Article V(1)(b) NYC.
Rotterdam Rules: UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2009, not yet in force.

S

Sanctions disputes: Increasingly common arbitration topic involving OFAC, EU, and UK sanctions affecting performance of charterparties and shipbuilding contracts.
SCMA: Singapore Chamber of Maritime Arbitration.
SCMA Expedited Procedure: Streamlined procedure under Rule 44 of the SCMA Rules 2022 providing for sole arbitrator and short timetable.
SCMA Rules 4th edition (2022): Current SCMA procedural rules effective 1 January 2022, including enhanced provisions on consolidation, joinder, virtual hearings, and the SCMA Expedited Procedure.
SCMA Small Claims Procedure: Procedure for low-value SCMA references with capped costs and abbreviated process.
SCMA Tribunal: Tribunal constituted under SCMA Rules, by default a sole arbitrator unless parties agree otherwise.
Seat of Arbitration: The juridical place of the arbitration determining the curial law and the supervisory court.
Section 12: Court power to extend time for commencing arbitration in exceptional circumstances.
Section 24: Court power to remove an arbitrator on specified grounds.
Section 30: Codifies competence-competence in English-seated arbitrations.
Section 33: General duties of the tribunal to act fairly and adopt suitable procedures.
Section 41: Tribunal powers to make peremptory orders and dismiss for delay.
Section 42: Court enforcement of peremptory orders made by the tribunal.
Section 44: Court powers to make orders in support of arbitration, including freezing orders and witness summonses.