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Arbitration: 2021 in review

21 January 2022 / Donny Surtani
Issue: 7963 / Categories: Features , Procedure & practice , ADR , Arbitration
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Reasons (for claimants) to be cheerful: Donny Surtani assesses the past year in international arbitration
  • The past 12 months have offered some positive developments for claimants in international arbitration cases, with key decisions providing greater certainty on governing law, enforcement and evasive debtors.

There have been some significant developments in (or relevant to) English law as it pertains to international arbitration in the past 12 months or so. In three key respects, the developments have been positive for claimants with strong claims that they wish to progress and monetise.

Greater certainty over governing law

Perhaps the most heralded decisions in English arbitration law in recent months were the Supreme Court’s rulings in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, [2020] All ER (D) 36 (Oct), and Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, [2021] All ER (D) 89 (Oct).

Prior to these decisions, there had been some considerable uncertainty about how to ascertain the law governing an arbitration agreement

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NEWS
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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