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04 October 2024
Issue: 8088 / Categories: Case law , In Court , Law digest
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Law digests: 4 October 2024

Contract

Unicredit Bank GmbH v ­Ruschemalliance Llc [2024] UKSC 30, [2024] All ER (D) 34 (Sep)

The Supreme Court dismissed the appeal of the appellant Russian company (RCA) against the decision of the Court of Appeal, Civil Division, which granted an injunction requiring RCA to discontinue Russian proceedings on the reasoning that the English court had jurisdiction over the respondent German bank’s (UniCredit’s) claim. The parties had entered engineering procurement and construction contracts for the construction of facilities in Russia which were secured by on demand bonds issued by UniCredit which were governed by English law but provided for International Chamber of Commerce (ICC) arbitration in Paris. The contracts had been terminated due to the contractor’s non-performance of its obligation. The court held, first, applying the principles in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2021] 2 All 2021] 2 All ER 1 (Enka), that there was nothing in the wording of the bonds which excepted cl 12 (the arbitration clause) from the choice of English law as the governing law. The exception to those principles

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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