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Law digests: 9 June 2023

09 June 2023
Issue: 8028 / Categories: Case law , In Court , Law digest
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Arbitration

Infrastructure Services Luxembourg SARL and another v Kingdom of Spain [2023] EWHC 1226 (Comm), [2023] All ER (D) 94 (May)

The Commercial Court dismissed an application by the defendant, the Kingdom of Spain, to set aside an order registering an award obtained through arbitration in favour of the claimant. A dispute between the claimants and the defendant under the Energy Charter Treat (ECT) was referred to arbitration. An award was made in the claimants favour in the sum of €120m. The arbitration was one conducted under the International Centre for Settlement of Investment Disputes (the ICSID Convention). The claimants applied to the Commercial Court for registration of the award under the Arbitration (International Investment Disputes) Act 1966 (the 1966 Act). The judge registered the award by means of an order. The defendant applied to have to order set aside on two grounds. Neither of the grounds had any validity. The court took the opportunity to explain the difference between the enforcement of awards under the ICSID Convention and the New York Convention.


Bankruptcy

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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