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UK Arbitration Act 2025 - key changes for commercial parties

On 24 February, the UK Arbitration Act 2025 received Royal Assent. The new Act introduces a series of enhancements to the Arbitration Act 1996 following a review by the Law Commission. These changes aim to ensure the UK’s...more

The Prestige saga - clarifications on enforcement and State immunity from injunctions

In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more

LCIA Updates Costs and Duration Analysis

The London Court of International Arbitration (LCIA) published a third analysis of the costs and duration of LCIA arbitrations on December 30, 2024. This iteration of the analysis has been long awaited, as it covers cases...more

Structuring investments in 2022: time to rethink

A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

Governing law of arbitration agreement

The UK Supreme Court refused to enforce an ICC arbitration award against a Kuwaiti company. Where the governing law of an arbitration agreement was not specified, the governing law of the contract (English law) applied,...more

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more

Arbitration: English seat does not guarantee English governing law and anti-suit injunction

The English High Court (Andrew Baker J) has refused to hear an application for an anti-suit injunction to restrain proceedings in Russia allegedly in breach of an arbitration agreement. The court concluded that it was not an...more

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