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Arbitration weekly: English court rulings on s45, s67 and BIT jurisdiction; Paris dismisses Russia annulment; institutional news; construction adjudication; practice updates (17 July 2025)

Published on: 17 July 2025

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Arbitration in England & Wales

Arbitration representation and section 45 of the Arbitration Act 1996

The Commercial Court in Republic of India v CC/Devas [2025] EWHC 1738 (Comm) ordered that four threshold questions be resolved before addressing India’s section 45 Arbitration Act 1996 (AA 1996) application, which challenged an earlier procedural decision of the arbitral tribunal. India maintained that the English-seated tribunal was required to apply Mauritian law exclusively when determining who could represent the claimant companies. The court permitted the directors/shareholders to intervene and concluded that addressing the preliminary points—such as whether the section 45 application was properly made or was in substance a collateral appeal—would prevent undue judicial interference with the tribunal’s jurisdiction. See News Analysis: Arbitration representation and section 45 of the Arbitration Act 1996 (Republic of India v CC/Devas) written by Tatiana Minaeva FCIArb, Independent Arbitrator...

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