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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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