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21 January 2022 / Donny Surtani
Issue: 7963 / Categories: Features , Procedure & practice , ADR , Arbitration
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Arbitration: 2021 in review

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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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