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30 May 2025
Issue: 8118 / Categories: Legal News , International , Jurisdiction , Commercial , Arbitration
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NLJ this week: Arbitral awards, state immunity & the need for express consent

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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

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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