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22 November 2024 / Valya Georgieva , Ravi Aswani
Issue: 8095 / Categories: Features , Procedure & practice , Arbitration
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The Arbitration Bill & applicable law

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The Arbitration Bill is back on the agenda—but how would it have affected the outcome of the UniCredit case? Valya Georgieva & Ravi Aswani consider the implications
  • The Supreme Court’s decision in UniCredit reconfirmed that the governing law of the main contract typically applies to arbitration agreements, even if the arbitration is seated in a different legal system.
  • The Arbitration Bill, reintroduced in July 2024, sets a default rule that the law of the seat governs arbitration agreements unless expressly stated otherwise, which would have altered the outcome in UniCredit. While this provides greater legal certainty, it has sparked debate, highlighting the need for practitioners to explicitly state the governing law of arbitration agreements to avoid ambiguity.

The Supreme Court’s decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 has provided further clarity on the applicable law governing arbitration agreements, particularly when the governing law of the main contract differs from the law of the arbitration agreement. This article examines the court’s reasoning and considers how the outcome might have differed if the

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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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