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...

International Centre for Dispute Resolution (ICDR) Rules 2021: practitioners’ guide to arbitration procedure—pleadings, mediation, time limits, remote hearings, early disposition and awards

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note reviews the conduct of Arbitration under the International Centre for Dispute resolution (ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration rules) (the International Rules), revised with effect from 1 March 2021. For a primer on the International Rules, including how to commence and answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview.

Pleadings

The International Rules expressly envisage only the Notice of Arbitration, the Answer to the Notice of Arbitration, and any counterclaim with its answer. Parties may amend or supplement their claims, counterclaims or defences unless the tribunal finds it inappropriate, taking into account factors such as delay (ICDR, art 10). In practice, where proceedings are not bifurcated, the parties and the tribunal often adopt an additional briefing timetable, typically comprising:

Statement of Claim
Statement of Defence (and Counterclaim, if applicable)
Reply (and Defence to Counterclaim, if applicable)
Rejoinder (and Reply to Counterclaim)...

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

Peter Danysh

Vinson & Elkins LLP

Peter’s principal area of practice is complex commercial litigation, with a focus on international disputes. His experience includes work on both international commercial and investor-state arbitrations under numerous institutional rules, including the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), and the United Nations Commission on International Trade Law (UNCITRAL). Peter has worked on international disputes for clients in both civil and common law jurisdictions all over the world, with a focus on Latin America, and additional experience in Asia and the Middle East. His work also spans several industries, with particular experience in construction and energy. In addition to his international work, Peter’s practice includes domestic litigation in both state and federal court, representing clients in a wide variety of commercial cases, including work on commercial real estate, manufacturing, and products liability disputes....

Robert Reyes Landicho

Vinson & Elkins LLP

Robert's principal area of practice is complex commercial litigation. He was Development Editor of the Berkeley Business Law Review, Clinic Director of the Iraqi Refugee Assistance Project and winner of the Jurisprudence Award for Appellate Advocacy and the Prosser Prize for European Union Law. He was admitted to practice in Texas in 2013. He is proficient in Arabic and French....

Andreina Escobar

Vinson & Elkins LLP

Andreina’s principal area of practice is complex commercial litigation.

Web page updated on 21/05/2026

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 ]...