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16 February 2024 / Jennifer Haywood
Issue: 8059 / Categories: Features , Procedure & practice , Arbitration , International
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Agreements to arbitrate supported by the courts

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The Supreme Court & the Privy Council emphasise international consensus on arbitration, writes Jennifer Haywood
  • Discusses two recent judgments where the Privy Council and the Supreme Court emphasised the courts’ support for arbitration and the importance of an international consensus on the interpretation of legislation implementing the New York Convention.

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) is the bedrock of the international arbitration system. Signatories (of which there are more than 160) undertake to give effect to an agreement to arbitrate and to recognise and enforce awards made in other states. Article II(3) provides that: ‘The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.’

Determining what

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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