Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

the arbitration agreement definition

What does the arbitration agreement mean? In practice, the arbitration agreement is the parties’ contractual commitment—often an arbitration clause in a wider contract, or a stand‑alone submission agreement—to resolve defined present or future disputes by arbitration instead of national courts. It typically identifies the scope of disputes, the seat, arbitral rules or ad hoc procedure, the number/appointment of arbitrators and, where relevant, language and the governing law of the arbitration agreement, and is usually recorded in writing. The term is defined in legislation across the UK and Ireland (Arbitration Act 1996 for England & Wales and Northern Ireland; Arbitration (Scotland) Act 2010; and, in...

Commercial Court precedent order for anti-suit injunction supporting arbitration agreement under s.37 Senior Courts Act 1981 and/or s.44 Arbitration Act 1996 (England and Wales)

Published by a LexisNexis Arbitration expert

Precedents

Draft order

the arbitration agreement in the [ insert contract details ] (the “Agreement”) is valid and enforceable. Relying on [ section 37 Senior Courts Act 1981 ] [ and/or section 44(2)(e) Arbitration Act 1996 ], until further order the Defendant must not commence or take any step against the Claimant in [ threatened jurisdiction ] if proceedings are not yet begun; take any further step in [ relevant proceedings ] save to dismiss, withdraw or discontinue; seek any anti-suit injunction or similar restraining the Claimant from enforcing the arbitration agreement; or pursue disputes under the Agreement other than by arbitration.
[ Provisions for service out, if required; and, if without notice, provide a return date ]
The Defendant shall pay the Claimant’s costs. Dated [ insert day ] [ insert month ] [ insert year ]

ANNEX, CLAIMANT’S UNDERTAKINGS

The Claimant undertakes to pay such damages as the Court directs; promptly to issue and serve the Claim Form shown to the Court after paying the Court fee on [ insert date ]; and to serve the witness statement of [ insert name and date ] with exhibit [ insert details ] in support of the Claim Form and this Order...

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

DOWNLOAD THIS DOCUMENT

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 ]...