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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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