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United Kingdom Leading Case arbitration agreementsexclusive jurisdiction clauses

Republic of Mozambique v Privinvest Shipbuilding SAL

[2023] UKSC 32
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2023
StatusBinding authority

Summary

Arbitration agreements may bind non-signatories where applicable law so provides, and a sovereign act defence to bribery claims does not engage state immunity.

Key Principle

The Supreme Court held that a state's sovereign act defence to a claim for bribery does not engage state immunity; and an arbitration agreement may bind non-signatories where the applicable law so provides.

Area of Law

arbitration

Related Cases

Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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