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22 November 2024
Issue: 8095 / Categories: Legal News , Procedure & practice , Arbitration
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NLJ this week: The great debate on the governing law of arbitration agreements

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Ambiguity over the governing law of arbitration agreements continues to spark debate. In July, meanwhile, the government reintroduced the Arbitration Bill, which would have altered the outcome in September of the Supreme Court case, UniCredit. In this week’s NLJ, Valya Georgieva, senior associate, Penningtons Manches Cooper, and Ravi Aswani, barrister, 36 Group, examine the court’s reasoning and consider how the outcome might have differed if the Arbitration Bill, currently before Parliament, had been in force.

Georgieva and Aswani write that, while some have lauded the decision, ‘Equally, there are those who say that this approach verges on being extraterritorial overreach against the backdrop of parties freely contracting to arbitrate in a seat whose supervisory courts do not grant anti-suit type relief’. 

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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