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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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