header-logo header-logo

15 December 2023 / Masood Ahmed , Lal Akhter
Issue: 8053 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

Arbitration: The $2bn question

151421
Lal Akhter & Masood Ahmed discuss judicial guidance on staying proceedings in breach of an arbitration agreement
  • Covers the ongoing Supreme Court case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors.
  • Looks at the court’s guidance on applying for a stay under s 9 of the Arbitration Act 1996.

In the recent case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32, the UK Supreme Court provided important guidance concerning the interpretation and application of s 9 of the Arbitration Act 1996 concerning the mandatory stay of proceedings which are brought in breach of an arbitration agreement. The decision will be of interest to practitioners who choose London as their seat of arbitration as well as those in jurisdictions with similar statutory provisions. The appeal, stemming from a pre-trial matter in ongoing Commercial Court proceedings, involves the Republic alleging a conspiracy entailing bribery and corruption to secure purported sovereign guarantees of around $2bn(£1.59bn). At the time of writing, the trial

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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?
back-to-top-scroll