Published on: 14 February 2024
Published by a LexisNexis Arbitration expert
The Arbitration Rules are available here.
The Rules prioritise electronic correspondence: both the Request for Arbitration and the Answer must be filed electronically, or if that cannot be done, in paper form. Where practicable, electronic filing is the default position, with paper serving as a contingency measure. Notices and communications may, inter alia, be sent by email or by any other telecommunications method, as appropriate to the circumstances at hand. Hard-copy pleadings are required only where a party expressly asks for service by delivery against receipt, registered post or courier (Articles 4(1), 5(5) and 6(6)). To promote swift and efficient proceedings, the Rules also allow for remote hearings (Article 30). After consulting the parties and considering the pertinent facts and circumstances, the arbitral tribunal may determine that any hearing be held remotely via video conference, telephone, or another suitable means of communication as circumstances require.
Under the Rules, disputes are to be resolved by a sole arbitrator or by a panel of three arbitrators. If the parties have not agreed the number of arbitrators, the matter shall be determined by a sole arbitrator, save where, owing to the complexity of the...
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 ]...