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Courts clash over the nationality of arbitrators

Overview

Writing exclusively for Legal Week, Hogan Lovells’ Jerome Finnis dissects a surprise decision by the Court of Appeal regarding the nationality of arbitrators, and why the Supreme Court reversed it.

The original decision in Jivraj v Hashwani created a number of issues for users of international arbitration clauses containing restrictions as to the nationality of arbitrators. On appeal and following an unprecedented intervention from two of the world’s leading arbitral institutions, the concerns of the international arbitration community have been laid to rest by one of the most important arbitration-related decisions reached by the Supreme Court since its establishment in October 2009.

To read more on the long-running case's background, decisions and implications, click 'View Briefing'.

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