Arbitration
CC/Devas (Mauritius) Ltd and other companies v The Republic of India [2025] EWHC 964 (Comm)
The Commercial Court held that for the purposes of enforcement of arbitration awards against states under the New York Convention 1958 (NYC), ratification of the NYC by a state does not constitute submission to the jurisdiction of English courts by a ‘prior written agreement’ under s 2(2) of the State Immunity Act 1978. The reference to ‘rules of procedure’ in Article III of the NYC preserves state immunity, and ratification alone does not meet the test of an express, unequivocal waiver of immunity required under English law.
Costs
Franklin v Your Lawyers Ltd [2025] EWHC 984 (SCCO)
This was an appeal hearing concerning the costs of proceedings brought by the claimant to obtain delivery of a final statute bill from the defendant solicitors. The Senior Courts Costs Office found the claimant had complied with the pre-action protocol by making reasonable requests over time for the bill before commencing proceedings. The defendant did not justify
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