Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

United States class action arbitration: consent, class waivers, AAA/JAMS rules, key Supreme Court cases and current circuit splits on arbitrability and delegation

Published by a LexisNexis Arbitration expert

Practice notes

Class action litigation has long been a fixture of US courts, its modern trajectory often linked to the US Supreme Court’s decision in Green Tree Financial Corp v Bazzle, 539 U.S. 444 (2003) (Bazzle). US case law recognises that class disputes may proceed in Arbitration where an arbitration agreement allows it. Persistent uncertainties remain, however, about what amounts to consent to class arbitration and whether that gateway issue is for a court or an arbitral tribunal to decide. Nevertheless, several prominent arbitral institutions have introduced rules addressing class arbitration. Note: the US judgments mentioned in this Practice Note are not reported by LexisNexis UK.

What is class action Dispute resolution?

Class actions were created to manage alike claims held by many claimants within a single proceeding. A representative plaintiff brings the case on behalf of others in comparable positions and applies to the court to ‘certify’ the matter as a class action. Certification is governed by established criteria and is generally warranted only where numerous claimants assert similar claims against the same defendant, and where issues common to the class are shown to ‘predominate’...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Chris Paparella

Steptoe LLP

Chris Paparella concentrates on financial services litigation and international disputes. He has represented financial institution clients in federal and state court litigation and arbitration involving mortgage-backed securities, securities fraud, lender liability and foreign exchange transactions. Chris argued and won a ground-breaking case in New York’s highest court in which he obtained the dismissal of a $300 million fraud case on the grounds that the assignment of the claims to a litigation funder violated New York’s champerty statute. Justinian Capital SPC v. West LB AG, 28 N.Y.3d 160 (2016). Chris has also represented clients in international and domestic arbitrations in New York, London, Mexico City, Paris, Amsterdam and elsewhere. Chris has developed particular familiarity and skill in the energy and process industries and has represented participants in offshore and onshore oil and gas production facilities, as well as a variety of downstream process plants and other...

Justin Ben-Asher

Steptoe LLP

Justin Ben-Asher represents clients in commercial disputes, including in complex multidistrict litigation and international arbitrations. His work spans the aerospace and defence, energy, construction, financial services, and insurance industries, among others. His pro bono legal service includes representation of the City of New York, as well as housing and family court matters. He is a recipient of The Legal Aid Society’s Pro Bono Publico Award....

Kirsten N. Bickelman

Steptoe International (UK) LLP

Kirsten Bickelman is a litigator whose practice focuses on complex civil and criminal disputes. Her experience includes matters related to consumer protection, trade secrets, and government and regulatory litigation. She also has experience bringing affirmative litigation on behalf of public sector labor unions. Kirsten has advocated for clients in all phases of litigation and arbitration, including in both pre-trial discovery and motions practice and at hearings and oral arguments. Kirsten also maintains an active pro bono practice representing incarcerated clients in a variety of post-conviction proceedings. ...

Kevin Mohr

King & Spalding

Kevin is a partner at King & Spalding in Houston. He represents clients in business litigation and arbitration, specializing in the complex cross-border disputes that are becoming increasingly common in today's global economy. For over 15 years, Kevin has represented clients in litigation, arbitration, and appellate proceedings in more than 40 state and federal jurisdictions in the U.S. and courts and arbitral tribunals around the world. Those disputes have arisen from six continents, and have involved a diverse array of business sectors (including oil and gas, professional services, and finance). The issues in those disputes have been just as diverse, involving questions of investment treaty protection, business tort, intellectual property, corporate governance, class certification, and many more. Some highlights of his career include obtaining the largest-ever arbitration award under the Energy Charter Treaty on behalf of a European independent oil and gas...

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

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...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

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 ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

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 ]...