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Law digests: 9 July 2021

09 July 2021
Issue: 7940 / Categories: Case law , In Court , Law digest
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Arbitration

Betamax Ltd v State Trading Corp (Mauritius) [2021] UKPC 14, [2021] All ER (D) 77 (Jun)

On an appeal from the Supreme Court of Mauritius, the appellant company submitted that the court had erred in finding that an arbitrator had erred in its determination of the legality of the contract that the appellant was seeking to enforce. The Privy Council, directing that the appeal be allowed, held that the Supreme Court was in error in reviewing the decision of the arbitrator that the contract was unenforceable on public law grounds; the arbitrator’s decision was final and binding on the parties and therefore no issue arose as to whether the award was in conflict with the public policy of Mauritius


Costs

Re Moskalev Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch), [2021] All ER (D) 65 (Jun)

In proceedings to determine what, if any, order on costs should be made in respect of an application to set aside a statutory demand, following the respondent’s withdrawal of the demand, the Chancery Division

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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