Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
NEWS
ICC 2026 Arbitration Rules: default electronic filings, ICC President-controlled award deadlines, and enhanced confidentiality; expedited timelines preserved; in force 1 June 2026
The International Chamber of Commerce (ICC) has released the concluding instalment of its six-part series concerning the 2026 ICC Arbitration Rules, set to take effect on 1 June 2026......
NEWS
High Court of England and Wales upholds LCIA award declining jurisdiction; fraudulently backdated LTI not binding; s67 application over USD 1.3 million bonus dismissed
Zalina Kanametova v OSG Records Management [Europe] Limited [2026] EWHC 1196 (Comm) Incentive agreement Judge Neil Cadwallader of the Commercial Court, King’s Bench Division, within the High Court of England and Wales, held that the LCIA arbitrator’s decision was rightly issued on evidence showing the long-term incentive agreement (LTI) said to guarantee a bonus to claimant Zalina Kanametova was not binding because it had been ‘fraudulently backdated’. As a result, the LCIA arbitrator properly determined there was no jurisdiction over Kanametova’s claim for a USD 1.3 million bonus against the respondent, Cyprus-based OSG Records Management (Europe) Ltd. (referred to as OSG). Kanametova served as general director of OSG’s subsidiary, OSG Records Management Centre LLC (referred to as OSG Russia), from 2011–18. She contended that in 2015 she executed the LTI, which included an arbitration clause, and that it was also signed by Krzysztof...
NEWS
No waiver of foreign State immunity from jurisdiction by New York Convention ratification: High Court of Australia on recognition and enforcement of arbitral awards; ICSID analogy rejected
CCDM Holdings LLC v The Republic of India [2026] HCA 9 What are the practical implications of this case? The principal takeaway is that simply ratifying the New York Convention does not, of itself, waive a state’s sovereign immunity from the jurisdiction of Australian courts for the recognition and enforcement of an arbitral award. By contrast, ratification of the ICSID Convention alone operates as a waiver of immunity: Kingdom of Spain v Infrastructure Services Luxembourg Sàrl. Because this was a unanimous ruling by Australia’s apex court, it is poised to carry persuasive weight internationally on the same issue-namely, whether ratification of the New York Convention, without anything further, effects a waiver of sovereign immunity for enforcement. The judgment underscores the sharp distinction between the ICSID Convention’s enforcement regime and that of the New York Convention. As a result, award creditors proceeding outside the ICSID...
NEWS
2026 ICC Arbitration Rules: Article 30 Codifies Early Determination for Manifestly Unmeritorious Claims and Jurisdictional Challenges
The International Chamber of Commerce (ICC) has published the fifth instalment of its six-part series covering the 2026 ICC Arbitration Rules, due to take legal effect on 1 June 2026......
The arbitration agreement—England and Wales—overview
The arbitration agreement
The arbitration agreement is widely regarded as arbitration’s ‘foundation stone’, usually defining the venue, manner and circumstances in which any arbitration between parties will proceed. It typically specifies the forum, the process, and the conditions for commencing proceedings between the parties involved. This subtopic offers practical guidance on the arbitration agreement and adjacent issues. The various Practice Notes examine the agreement’s nature, contents and reach, the doctrine of separability of the arbitration agreement, and the significance of the New York Convention in this setting. Guidance is also given on determining the law governing the arbitration agreement, on how to incorporate an arbitration agreement effectively into a contract, on the factors that may prevent an arbitration agreement being upheld, and on which disputes are capable of arbitration (ie arbitrability). Further guidance addresses the closely related notion of the seat of arbitration (or arbitral seat), alongside material on multi-party and multi-contract arbitrations, the effect of the Contracts (Rights of Third Parties) Act 1999 on arbitration, and unilateral option clauses. Broadly, this subtopic provides guidance on the arbitration agreement under English and Welsh law and the Arbitration Act 1996 (AA 1996), which applies, with certain exceptions, to arbitrations seated in...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
View Arbitration by content type
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
