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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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