header-logo header-logo

13 February 2026
Issue: 8149 / Categories: Case law , In Court , Law digest
printer mail-detail

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.


Costs

M5

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll