Arbitration
The Republic of India v CC/Devas (Mauritius) Ltd (in administration) and other companies [2025] EWHC 1738 (Comm)
The King’s Bench Division heard an application regarding the joinder of parties to an arbitration claim and whether preliminary issues should be addressed before a substantive question of law under s 45 of the Arbitration Act 1996. The central point was whether the arbitral tribunal, seated in England, must exclusively apply Mauritian law to determine representation of the Mauritian companies involved. The tribunal had previously ruled that Gibson Dunn & Crutcher LLP could act on behalf of the Mauritian companies in arbitration despite contrary claims by an administrator appointed under Mauritian insolvency law. The court directed the determination of proposed preliminary issues as a case management measure. Further it was appropriate to add the Mauritian Companies ‘represented by Gibson Dunn & Crutcher LLP on the instructions of the directors and shareholders of the said companies’ as interveners.
Building safety
Triathlon Homes LLP v Stratford Village Development Partnership and other companies [2025] EWCA Civ