The 36 Group
11 Experts
14 Contributions by The 36 Group Experts
PRACTICE NOTES
Arbitration clauses
Arbitration clauses stipulate that disputes are resolved by a constituted arbitral tribunal and may appear in both domestic and international settings. An arbitration clause may, or may not, nominate an institution—such as the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA)—to administer the case under its own rules or other rules. A clause may equally call for proceedings that are not institutionally administered but are conducted in line with established procedural rules, for example the UNCITRAL Arbitration Rules. In practice, most ad hoc arbitrations proceed under the UNCITRAL Rules because they offer a recognised and well-tested framework for the conduct of proceedings. A further advantage of adopting the UNCITRAL Arbitration Rules is the provision for an appointing authority to constitute the arbitral tribunal, enabling the arbitration to move forward where a respondent attempts to stymie the process by
Arbitration
PRACTICE NOTES
An arbitration agreement records the parties’ consent to settle their dispute through arbitration, and that validly given consent cannot later be retracted by one side alone. Moreover, the duty to arbitrate is separable and independent from the principal contract. If a party breaches that understanding by trying to have the dispute determined through court proceedings, there are remedies, at both national and international level, available to compel compliance with the duty to arbitrate as reflected in the arbitration agreement.
The remedy of enforcement of an arbitration agreement by a stay of proceedings
Under section 9(1) of the Arbitration Act 1996 (AA 1996), as amended by the Arbitration Act 2025, a party to an arbitration agreement who is sued in court over a matter that, under that agreement, must be referred to arbitration, may apply to the court in which the legal
Arbitration
PRACTICE NOTES
This Practice Note examines the usual suitability reasons for refusal and cancellation under the Immigration Rules, Part Suitability, including false representations, false information, false documents, relevant non‑disclosure, and the connected ground of deception. It also offers practical pointers on contesting refusals made on suitability grounds. See: Suitability grounds for refusal and re-entry bans—overview for details of the full replacement of the former Part 9 of the Immigration Rules by Part Suitability from 11 November 2025...
Deception and false representations grounds
Mandatory (Deception) and discretionary (False representations, etc) refusal grounds for current applications
There is a mandatory basis to refuse entry clearance or permission where the decision‑maker is satisfied the applicant used deception by:
making false representations, or supplying false documents or false information in relation to the application (whether or not it is relevant to the application), or
failing to disclose relevant facts in
Immigration
PRACTICE NOTES
Arbitration clauses and agreements
set out that disputes are resolved by a designated arbitral tribunal, and may feature in both domestic and cross-border situations alike.
For further details on arbitration agreements, consult the following Practice Notes:
Arbitration agreements—definition, aims and interpretation
Arbitration agreements—the in writing requirement
Arbitration agreements—content
Arbitration agreements—requirements of the New York Convention
Will my arbitration agreement be upheld?...
Arbitration
PRACTICE NOTES
ARCHIVED
This Practice Note is no longer updated, as it addressed the application of EU free movement law in the UK before IP completion day, when domestic legislation implementing EU free movement was revoked, subject to certain savings and adjustments. For further information, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Note is preserved in archived form for historical interest, since EU law as it previously operated in the UK remains pertinent in some limited circumstances. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For ongoing developments in EU free movement within EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. This Practice Note considers the permitted grounds for the
Immigration
PRACTICE NOTES
Under Directive 2004/38/EC, the Citizens’ Directive
Nationals of the European Economic Area (EEA)—which includes the EU Member States, Norway, Iceland and Lichtenstein—benefit from EU free movement law. In this Practice Note, references to ‘EU citizens’, meaning nationals of EU Member States, are understood to include EEA nationals.
The Citizens’ Directive identifies two additional categories of relatives of EU nationals who are exercising treaty rights in another Member State, beyond those classed as direct ‘family members’:
those in a ‘durable relationship’ with an EU national, which is ‘duly attested’; or
‘other family members’, who:
were dependants of the EU national, or members of the EU national’s household, before the EU national came to the host Member State; or
have serious health grounds that strictly require their personal care by the EU
EU Law
PRACTICE NOTES
Arbitration clauses
Arbitration clauses stipulate that disputes are resolved by a designated arbitral tribunal appointed for the purpose, and may feature in both domestic and cross‑border matters. Arbitration may proceed on an ad hoc footing—following a chosen set of rules, for example the London Maritime Arbitrators Association (LMAA) Terms, and/or the applicable national arbitration statute—or be administered by an arbitral institution, ordinarily in accordance with that institution’s own procedural rules. A broad range of institutional rulebooks is available for incorporation into arbitration agreements; prominent options include, in particular, the International Chamber of Commerce’s ICC Rules and the London Court of International Arbitration’s LCIA Rules. By way of illustration, this Practice Note, applying the law of England and Wales, considers the LCIA’s recommended arbitration clause for future disputes arising, while noting that the points raised may equally bear on other
Arbitration
PRACTICE NOTES
What do advisers need to know about access by non-British or Irish citizens to marriage and civil partnership in England and Wales?
This Practice Note looks at:
the steps and potential barriers for a marriage or civil partnership involving a non-British or Irish citizen following commencement of the relevant provisions of the Immigration Act 2014 (IA 2014)
which parts of the new framework may particularly interest or concern immigration practitioners
Note that Lexis+® UK does not cover areas of law in Scotland and Northern Ireland that are unique to those jurisdictions. Family law is one such field. However, schemes for referral and investigation akin to the England and Wales regime discussed in this Practice Note have been in force in those jurisdictions from 2 March 2015. See in particular:
Referral and Investigation of Proposed Marriages and Civil
Immigration
PRACTICE NOTES
ARCHIVED
This Practice Note is no longer updated as it addressed the UK’s implementation of EU free movement rules before IP completion day, when domestic enactments giving effect to those rules were revoked, subject to specified savings and modifications. For more detail, including the applicable savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It is preserved in archive for historical reference, since EU law as formerly applied in the UK remains relevant in limited circumstances. For earlier versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052—including the text immediately before revocation—see Legislation.gov.uk. For developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives (EU
Immigration
PRACTICE NOTES
Where an employer is found to have employed someone unlawfully in the UK, they may face civil penalties and/or criminal sanctions. For further information, see Practice Notes: Illegal working: dealing with a civil penalty and Illegal working: dealing with a criminal allegation.
Alongside civil and criminal measures, a sponsor licence holder may have its licence revoked if illegal working is established. The employer can also sustain reputational damage and adverse publicity (eg being ‘named and shamed’ by the government), which can harm the business’s prospects of winning tenders or contracts.
To limit these risks, employers must have rigorous processes and procedures to check every employee’s right to work before they start, and conduct repeat checks as required throughout the employment relationship. Employers also need to recognise and address any allegations of illegal working (or potential illegal working) during employment. In doing so, they should remain
Immigration
PRACTICE NOTES
This Practice Note explores the key idea of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern Ireland (England and English are used here as shorthand). See also Practice Note: Choosing the seat of arbitration.
The importance of the arbitral seat
The seat of arbitration is the juridical, or legal, place of the arbitration (often termed the locus arbitri). The law of that seat (the lex arbitri) governs many elements of the procedure and the award, and is inextricably linked to the courts’ curial or supervisory jurisdiction to support and enforce the arbitration (Enka v Chubb). It indicates the connection between the arbitration and a system of law (Process & Industrial Developments v Nigeria).
In international arbitration, selecting the seat is one of the most significant choices because it shapes—and often
Arbitration
PRACTICE NOTES
ARCHIVED : this Practice Note is not maintained, as it concerns the application of EU free movement law in the UK before IP completion day, on which date domestic legislation giving effect to EU free movement was revoked, subject to specified savings and modifications. For more details, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been kept in archived form for historical interest, because EU law as formerly implemented in the UK remains pertinent in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the continuing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU
Immigration
PRACTICE NOTES
This Practice Note examines the power of immigration bail
This Practice Note explores immigration bail as the sole mechanism of release, effective from 15 January 2018, for individuals subject to detention and those liable to be detained under immigration powers in particular where relevant. For guidance on liability for detention and related Home Office policies, see Practice Note: Immigration detention. The purpose here is to outline immigration bail; it does not, for instance, address the inherent jurisdiction of the High Court or Court of Appeal to grant bail, nor the bail jurisdiction of the Special Immigration Appeals Commission, as detailed analysis of those subjects currently falls outside the scope of Lexis+® UK. The majority of the bail provisions in Schedule 10 to the Immigration Act 2016 (IA 2016) commenced on 15 January 2018. For details of provisions not yet in force, refer to
Immigration
PRACTICE NOTES
ARCHIVED :
This Practice Note is no longer updated as it addresses the implementation of EU free movement law in the UK before IP completion day, when domestic legislation giving effect to EU free movement law was revoked, subject to specified savings and modifications. For more detail, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note is kept in an archived state for historical interest, since EU law as formerly implemented in the UK still has relevance in certain narrow circumstances. For historic versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, consult Legislation.gov.uk. For developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives (EU
Immigration
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