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01 March 2013
Issue: 7550 / Categories: Case law , Law digest , In Court
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Conflict of laws

U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2013] EWHC 260 (Comm), [2013] All ER (D) 193 (Feb)

The seat of arbitration was in most cases sufficiently indicated by the country chosen as the place of the arbitration. For such a choice of place not to be given effect as a choice of seat, there would need to be clear evidence that the parties had agreed to choose another seat for the arbitration and that such a choice would be effective to endow the courts of that country with jurisdiction to supervise and support the arbitration. It was established principle that an agreement as to the seat of an arbitration was analogous to an exclusive jurisdiction clause. Any claim for a remedy going to the existence or scope of the arbitrators’ jurisdiction or as to the validity of an existing interim or final award was agreed to be made only in the courts of the place designated as the seat of the arbitration.

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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