Jurisdiction(s):
United Kingdom

UK and international arbitration highlights: statutory arbitration carve-out, anti-suit injunction appeal and sovereign immunity; Hong Kong, Singapore, France and US cases; LCIA fast-track plans - 1 May 2025

Published on: 01 May 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

In this issue:

Arbitration in England & Wales
International Arbitration
Institutional and ad hoc arbitration
Other arbitration and ADR-related news and developments
Daily and weekly news alerts
New and updated content
Useful information

Arbitration in England & Wales

Challenge to jurisdiction resulting from a carve out in a statutory arbitration clause

The New Roads and Street Works Act 1991 (NRSWA 1991) sets out a framework for resolving disputes arising from street works claims. Under section 96(3), where any provision in this Part gives a person, in defined circumstances, a right to recover costs or expenses incurred in carrying out works or other steps or measures, any dispute about whether those circumstances exist, or about the amount recoverable, must be determined by arbitration. This holds whether the provision is framed as a right of recovery, or as imposing a liability or obligation to reimburse, indemnify, or bear or meet costs. It does not apply to a provision that provides for the charging or levying of a fee, or that confers a right to compensation, nor does it extend to section 78 (contributions to the cost of making good long-term damage to the street). His Honour Judge Hodge in Cadent Gas Ltd...

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

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 ]...