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Conflict of laws

01 March 2013
Issue: 7550 / Categories: Case law , Law digest , In Court
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U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2013] EWHC 260 (Comm), [2013] All ER (D) 193 (Feb)

The seat of arbitration was in most cases sufficiently indicated by the country chosen as the place of the arbitration. For such a choice of place not to be given effect as a choice of seat, there would need to be clear evidence that the parties had agreed to choose another seat for the arbitration and that such a choice would be effective to endow the courts of that country with jurisdiction to supervise and support the arbitration. It was established principle that an agreement as to the seat of an arbitration was analogous to an exclusive jurisdiction clause. Any claim for a remedy going to the existence or scope of the arbitrators’ jurisdiction or as to the validity of an existing interim or final award was agreed to be made only in the courts of the place designated as the seat of the arbitration.

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
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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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