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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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