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30 May 2025
Issue: 8118 / Categories: Legal News , International , Jurisdiction , Commercial , Arbitration
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NLJ this week: Arbitral awards, state immunity & the need for express consent

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Do states need to give express consent to waive their immunity where an arbitral award is made against it? Yes, according to a recent case discussed in this week’s NLJ by Masood Ahmed, associate professor, University of Leicester, and Osman Mohammed, BA political science and international relations, University of Birmingham

Ahmed and Mohammed look at the intricacies involved in the recent decision of the Commercial Court in CC/Devas and others v The Republic of India. Here, the court was asked to determine whether a state waives its right to sovereign immunity and thereby submits to the adjudicative jurisdiction of the English courts because it has ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Sir William Blair found in favour of India.

Ahmed and Mohammed write: ‘This decision is significant for the law and practice of international commercial arbitration. It illustrates some of the difficulties which may arise when a party is seeking to enforce an arbitral award against a state.’ 

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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