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13 February 2026
Issue: 8149 / Categories: Case law , In Court , Law digest
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Law digests: 13 February 2026

Arbitration

The Republic of India v CC Devas (Mauritius) Ltd (in administration) and other companies [2026] EWHC 156 (Comm)

The Commercial Court determined four threshold issues concerning an application under s 45 of the Arbitration Act 1996 brought by the Republic of India against three Mauritian companies. The application sought determination of whether a tribunal seated in England must apply Mauritian law to determine who has authority to instruct lawyers in an arbitration. The court held that: (1) consent to a s 45 application by corporate parties is not limited to representatives recognised by the arbitral tribunal; (2) a s 45 application is not an impermissible challenge to a tribunal’s procedural order; (3) s 45 is not limited to prospective questions of law but can address questions already decided by a tribunal; and (4) s 45 is not ousted merely because the substantive law is international law, as the law of the seat governs procedural matters. The court ruled it had jurisdiction to determine the question of law raised, though made no determination on the merits of the application itself.


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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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