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13 February 2026
Issue: 8149 / Categories: Case law , In Court , Law digest
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Law digests: 13 February 2026

Arbitration

The Republic of India v CC Devas (Mauritius) Ltd (in administration) and other companies [2026] EWHC 156 (Comm)

The Commercial Court determined four threshold issues concerning an application under s 45 of the Arbitration Act 1996 brought by the Republic of India against three Mauritian companies. The application sought determination of whether a tribunal seated in England must apply Mauritian law to determine who has authority to instruct lawyers in an arbitration. The court held that: (1) consent to a s 45 application by corporate parties is not limited to representatives recognised by the arbitral tribunal; (2) a s 45 application is not an impermissible challenge to a tribunal’s procedural order; (3) s 45 is not limited to prospective questions of law but can address questions already decided by a tribunal; and (4) s 45 is not ousted merely because the substantive law is international law, as the law of the seat governs procedural matters. The court ruled it had jurisdiction to determine the question of law raised, though made

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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