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22 November 2024 / Valya Georgieva , Ravi Aswani
Issue: 8095 / Categories: Features , Procedure & practice , Arbitration
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The Arbitration Bill & applicable law

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The Arbitration Bill is back on the agenda—but how would it have affected the outcome of the UniCredit case? Valya Georgieva & Ravi Aswani consider the implications
  • The Supreme Court’s decision in UniCredit reconfirmed that the governing law of the main contract typically applies to arbitration agreements, even if the arbitration is seated in a different legal system.
  • The Arbitration Bill, reintroduced in July 2024, sets a default rule that the law of the seat governs arbitration agreements unless expressly stated otherwise, which would have altered the outcome in UniCredit. While this provides greater legal certainty, it has sparked debate, highlighting the need for practitioners to explicitly state the governing law of arbitration agreements to avoid ambiguity.

The Supreme Court’s decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 has provided further clarity on the applicable law governing arbitration agreements, particularly when the governing law of the main contract differs from the law of the arbitration agreement. This article examines the court’s

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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