header-logo header-logo

15 December 2023 / Masood Ahmed , Lal Akhter
Issue: 8053 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

Arbitration: The $2bn question

151421
Lal Akhter & Masood Ahmed discuss judicial guidance on staying proceedings in breach of an arbitration agreement
  • Covers the ongoing Supreme Court case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors.
  • Looks at the court’s guidance on applying for a stay under s 9 of the Arbitration Act 1996.

In the recent case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32, the UK Supreme Court provided important guidance concerning the interpretation and application of s 9 of the Arbitration Act 1996 concerning the mandatory stay of proceedings which are brought in breach of an arbitration agreement. The decision will be of interest to practitioners who choose London as their seat of arbitration as well as those in jurisdictions with similar statutory provisions. The appeal, stemming from a pre-trial matter in ongoing Commercial Court proceedings, involves the Republic alleging a conspiracy entailing bribery and corruption to secure purported sovereign guarantees of around $2bn(£1.59bn). At the time of writing, the trial is ongoing and is scheduled to last three months.

Factual background

The

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

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
back-to-top-scroll