This case study illustrates how parties may approach an application pursuant to section 72 of the Arbitration Act 1996 (AA 1996) for a ruling on whether the arbitral tribunal has substantive jurisdiction where the applicant has not

For the sample case study arbitration claim form, see the link on the right hand side. The key issues when drafting a section 72 of the Arbitration Act 1996 (AA 1996) application using an arbitration claim form include the following: • use the correct court form—the application must be made on a Form N8 Claim Form (arbitration) • claimant/defendant boxes—the claim form must identify clearly the claimant and the defendant in these court proceedings and which party is the claimant and the respondent in the underlying arbitration. Specify all the

Claimant [insert number of witness statement] witness statement of [Insert witness name] Exhibits: [Insert exhibit reference] Date on which the statement was made: [Insert date] [Date of translation: [insert date]] IN THE HIGH COURT BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES QUEEN’S BENCH DIVISION COMMERCIAL COURT CLAIM NO [Claim number] BETWEEN: 1 JFK Ltd Claimant/Respondent and 2 LHR Ltd Defendant/Claimant Witness statement of John Smith I, JOHN SMITH, OF LN LLP, 1 Lexis House, London, EC2X 1XX WILL SAY AS FOLLOWS 1 I am a solicitor and a partner in the law firm LN LLP of 1 Lexis House, London EC2X 1XX. 2 I am responsible for the day-to-day conduct of this matter on behalf of the Claimant. I am duly authorised to make this statement on the Claimant’s behalf. 3 This witness statement is made in support of the Claimant’s application pursuant to section 72 of the Arbitration Act 1996 (the Act) for a declarations that (i) Mr Jones has no jurisdiction to hear or determine the disputes which have arisen, (ii) the Defendant's purported appointment of Mr Jones as a party-appointed arbitrator is invalid and of no effect and (iii) the English courts are the proper forum to determine

In the matter of the arbitration act 1996 And In the matter of an arbitration Between: 1 LHR LTD Claimant - and - 2 JFK LTD Respondent 1 We are instructed to act for LHR Ltd in this matter. 2 As you are aware, a dispute has arisen between our clients regarding the performance of various obligations under the licensing and marketing agreement made between

Section 14 of the Arbitration Act 1996 (AA 1996) states that parties are free to agree when an arbitration commences, but in the absence of agreement, sets out when the arbitration will have deemed to have commenced. Where a party is coming to the end of a limitation period for commencing arbitration, it is important to be clear about when the arbitration commences. Further, clarity on this point is important as several other important dates, such as the timetable for appointment of the tribunal, will be determined by the date of commencement. For more information on limitation periods, see Practice Notes: Commencement date of an arbitration under the AA 1996 and arbitration rules, Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984. AA 1996, ss 15–18 deal with the appointment of the tribunal, with AA 1996, s 18 enabling a party to apply

For the sample case study arbitration claim form, see the link to the right. The arbitration claim form should set out: • sufficient detail of the dispute such that the court understands the application. This should include details of the contract giving rise to the arbitration agreement and any provision made for appointment of the tribunal • orders that the court is being asked to make. In addition to requesting the appointment of the tribunal, consider whether any further directions are

In the matter of the arbitration act 1996 And In the matter of an arbitration Between: 1 LHR LTD Claimant - and - 2 JFK LTD Respondent 1 We are instructed to act for LHR Ltd in this matter. 2 As you are aware, a dispute has arisen between our clients regarding the performance of various obligations under the licensing and marketing agreement made between our clients and dated 10 October 20XX (the

This case study has been written by Anne Redston, Barrister. It is her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. This example relates to Practice Note: Costs in the First-tier Tax Tribunal (FTT). Sasha is a newly qualified member of a firm of solicitors, Parul LLP, which is based in Bristol. The firm acted for a client in a long-running dispute with HM Revenue and Customs (HMRC). HMRC issued the client with VAT penalties for six years, and Parul LLP appealed against those assessments on behalf of its client. The case was categorised by the First-tier Tax Tribunal (FTT) as ‘standard’. For more information on the meaning of a standard categorisation, see Practice Note: Preparing for a tax tribunal case—Standard cases. Parul LLP instructed a barrister based in a set of specialist tax chambers in London. The parties exchanged skeleton arguments, and HMRC withdrew the assessments under appeal three days before the hearing. The HMRC litigator said they had not understood a key element of the client’s

Facts Kevin (age 69) and Amelia (age 60) have been married for 30 years. This is Kevin’s second marriage and he has two adult children, Barbara and Tom, from his first marriage, which ended acrimoniously. Barbara and Tom tolerate their step-mother, but have never really liked her, as she was friends with Kevin before his divorce from their mother. Amelia is very fond of her step-grandchildren. Kevin and Amelia run a successful property investment business together and most of their wealth has been generated during their marriage. Despite Amelia’s equal (some might say greater) contribution to the business, the majority of the assets are held in Kevin’s name. Over the years he has frequently promised Amelia that half of everything he owns is hers. Back in 2010 Amelia and Kevin agreed that the first of them to die would leave their estate to the other and that the second to die would leave their estate to Barbara and Tom, subject to some modest legacies. As Amelia does not have any close blood relatives, she has been comfortable

Facts Antoine and Camille met while they were both working in Leeds in 1980 and they bought a house there in joint names in 1981. The couple had three children together: Gabriel, born in 1985, Audrey, born in 1987 and Laure, born in 1990, and they married in 1995. Antoine inherited a chalet in the French Alps in 2003. The couple remained UK resident throughout their married life, with regular trips to France for holidays and to visit family. Camille was born in 1955 in France to French parents and lived in France for all of her childhood and early twenties until her move to England in 1979. Antoine was born in 1953 in England to an English father and French mother and grew up in England, but lived with his maternal grandparents as a university student in Lyon for five years in the 1970s. Antoine died in April 2024, aged 71, leaving both an English Will and a French Will. The French Will contains a declaration that

Case study We have considered the following question: Where a person has leave as a Points-Based System (PBS) dependant spouse of a Tier 2 (General) leave migrant, the Tier 2 (General) migrant is applying for indefinite leave to remain under the long residence rules, and they are not themselves eligible to apply under the long residence rules: • can they apply for leave to remain as the spouse of a settled person under Immigration Rules, Appendix FM at the same time as their spouse is applying for indefinite leave to remain (ILR) under the long residence rules (with their application to be decided immediately on decision of their spouse’s ILR application)? • if they are applying under Immigration Rules, Appendix FM subsequent to their spouse’s ILR application (whether by choice or necessity): ◦ is there a problem in the fact that their spouse has now switched statuses, or is their current leave as a PBS dependant

We have considered the following question: Where electricity cables run under a plot of land, but there is no evidence of a deed of grant or wayleave in relation to them: • on what basis do the electricity cables occupy the land? • can the land owner require the relevant undertaker to move/remove the cables? • is the land owner entitled to any payment from the relevant undertaker? • can the land owner require the relevant undertaker to establish whether the cables are live/redundant? On what basis do the electricity cables occupy the land? The relevant electricity provider may be able to supply a copy of any wayleave agreement or deed of easement relating to the electricity wires. If neither the landowner or electricity company can locate a relevant agreement, then it may not be possible to conclusively determine the basis