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Arbitration: 2021 in review

21 January 2022 / Donny Surtani
Issue: 7963 / Categories: Features , Procedure & practice , ADR , Arbitration
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Reasons (for claimants) to be cheerful: Donny Surtani assesses the past year in international arbitration
  • The past 12 months have offered some positive developments for claimants in international arbitration cases, with key decisions providing greater certainty on governing law, enforcement and evasive debtors.

There have been some significant developments in (or relevant to) English law as it pertains to international arbitration in the past 12 months or so. In three key respects, the developments have been positive for claimants with strong claims that they wish to progress and monetise.

Greater certainty over governing law

Perhaps the most heralded decisions in English arbitration law in recent months were the Supreme Court’s rulings in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, [2020] All ER (D) 36 (Oct), and Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, [2021] All ER (D) 89 (Oct).

Prior to these decisions, there had been some considerable uncertainty about how to ascertain the law governing an arbitration agreement

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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