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NLJ this week: Arbitral awards, state immunity & the need for express consent

30 May 2025
Issue: 8118 / Categories: Legal News , International , Jurisdiction , Commercial , Arbitration
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Do states need to give express consent to waive their immunity where an arbitral award is made against it? Yes, according to a recent case discussed in this week’s NLJ by Masood Ahmed, associate professor, University of Leicester, and Osman Mohammed, BA political science and international relations, University of Birmingham

Ahmed and Mohammed look at the intricacies involved in the recent decision of the Commercial Court in CC/Devas and others v The Republic of India. Here, the court was asked to determine whether a state waives its right to sovereign immunity and thereby submits to the adjudicative jurisdiction of the English courts because it has ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Sir William Blair found in favour of India.

Ahmed and Mohammed write: ‘This decision is significant for the law and practice of international commercial arbitration. It illustrates some of the difficulties which may arise when a party is seeking to enforce an arbitral award against a state.’ 

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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