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09 June 2023
Issue: 8028 / Categories: Case law , In Court , Law digest
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Law digests: 9 June 2023

Arbitration

Infrastructure Services Luxembourg SARL and another v Kingdom of Spain [2023] EWHC 1226 (Comm), [2023] All ER (D) 94 (May)

The Commercial Court dismissed an application by the defendant, the Kingdom of Spain, to set aside an order registering an award obtained through arbitration in favour of the claimant. A dispute between the claimants and the defendant under the Energy Charter Treat (ECT) was referred to arbitration. An award was made in the claimants favour in the sum of €120m. The arbitration was one conducted under the International Centre for Settlement of Investment Disputes (the ICSID Convention). The claimants applied to the Commercial Court for registration of the award under the Arbitration (International Investment Disputes) Act 1966 (the 1966 Act). The judge registered the award by means of an order. The defendant applied to have to order set aside on two grounds. Neither of the grounds had any validity. The court took the opportunity to explain the difference between the enforcement of awards under the ICSID Convention and the New York Convention.


Bankruptcy

Dusoruth v Orca Finance UK

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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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