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30 July 2021 / Mark Buckley
Issue: 7943 / Categories: Features , Arbitration , Procedure & practice
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International arbitration & public policy: taming the unruly horse

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Mark Buckley examines the setting aside of international arbitration awards for reasons of public policy
  • In an important judgment, the Judicial Committee of the Privy Council has held that the Supreme Court of Mauritius was not entitled to review the decision of an arbitrator as to the legality of a contract under Mauritian public procurement laws.

As far back as 1824, Burrough J said: ‘Public policy is a very unruly horse, and when you get astride, you never know where it will carry you,’ in his judgment in Richardson v Mellish (1824) 2 Bing 229, [1824-34] All ER Rep 258. Nearly 200 years later, in an important judgment of the Judicial Committee of the Privy Council on 14 June 2021 in Betamax Ltd v State Trading Corp (Mauritius) [2021] UKPC 14, [2021] All ER (D) 77 (Jun), the horse has been well and truly tamed.

The case is important because it concerns the extent to which a court can set aside or refuse to enforce

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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