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How is 2024 shaping up for international arbitration?

02 February 2024 / Deborah Ruff , Charles Golsong
Issue: 8057 / Categories: Features , Profession , Arbitration
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Deborah Ruff & Charles Golsong consider the factors likely to affect arbitration at home & abroad in 2024
  • Explains that the impact of the PACCAR decision may be short-lived.
  • Considers other developments important to practitioners , including the rise of generative AI.

The past 12 months saw a number of significant developments relating to or impacting international arbitration.

The decision in R (on the application of PACCAR Inc and others ) v Competition Appeal Tribunal and others [2023] UKSC 28, in which the Supreme Court held that litigation funding agreements constitute damages-based agreements and as such are unenforceable unless they satisfy certain conditions, sent shockwaves across the litigation funding industry.

It appears, however, that the impact of the PACCAR ruling could be short-lived.

In the first case considering its implications, the High Court granted an asset preservation order in favour of a litigation funder, finding that there was a ‘serious issue to be tried’ that part of a litigation funding agreement remained enforceable, even

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MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

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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