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GLOSSARY
jurisdiction (sometimes referred to as substantive jurisdiction, including under the AA 1996) is an important and frequently encountered concept in arbitration, which encompasses issues such as whether the tribunal has, under the relevant arbitration agreement and any applicable laws/rules, the authority to determine the relevant dispute. In arbitration it is generally established in national laws (eg AA 1996, s 30(1)) and arbitration rules that the arbitral tribunal should be able to rule on whether it has jurisdiction to determine the dispute referred to it—this is often referred to as the principle of kompetenz-kompetenz (or competence-competence). However, the tribunal’s determination of its own jurisdiction is not generally considered absolute. If the tribunal lacks jurisdiction (for example, the arbitration agreement was invalid or the tribunal was improperly constituted), this may provide grounds to object to the tribunal’s authority to preside over the arbitration, which is typically done during the proceedings themselves, and may also be the subject of set-aside or contested proceedings for recognition and enforcement. As for applicable law, what law applies to, or governs, the arbitration proceedings (the lex arbitri or curial law), the arbitration agreement, and the parties’ substantive dispute, will all need to be considered and determined in an arbitration. Often such matters are clearly agreed and expressed between the parties, usually in a substantive contract between them. However, sometimes the applicable law(s) are unclear, and may be the subject of argument and challenge. AA 1996—jurisdiction and applicable law—England and Wales—arbitration—overview provides links to practical guidance on these two key concepts, as well as related matters including: the power of the court to stay (ie pause indefinitely) litigation proceedings commenced in breach of an arbitration agreement; the power of the court to issue an injunction with respect to a party commencing/pursuing litigation proceedings in another jurisdiction in breach of an arbitration agreement (ie an anti-suit injunction); the power of the court to issue an injunction with respect to a party commencing/pursuing arbitration proceedings in breach of the parties’ contractual bargain (ie an anti-arbitration injunction); the power of the court to issue an injunction preventing the enforcement of a court judgment (ie an anti-enforcement injunction), which may be useful if the judgment was obtained in breach of an arbitration agreement; the potential relevance of state (sovereign) immunity in arbitration, including with respect to jurisdiction and enforcement of awards; and, the interaction between arbitration and insolvency proceedings
GLOSSARY
concerns the tribunal’s jurisdiction over the subject-matter of the dispute. Typically, disputes in relation to ratione materiae concern whether a qualifying investment has been made under the relevant investment agreement and the ICSID Convention
GLOSSARY
concerns the question of who may be a party to the relevant investment treaty proceedings. Usually, disputes in relation to ratione personae concern whether a claimant is a qualifying investor under the relevant investment agreement and the ICSID Convention (which typically concern issues of nationality)
GLOSSARY
A landlord’s certificate (often misspelt “landlord’s cerificate”) is a document completed by a landlord (or superior landlord) confirming specified facts about a tenancy, building, or lease, usually where statute, regulation, a public body or a lender requires formal verification.In England, “landlord’s certificate” is a defined term under the Building Safety Act 2022 and the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022. It must be given within set timescales when seeking to recover service charges for relevant defect remediation, or after receiving a leaseholder deed of certificate. It confirms, among other things, whether the landlord is associated with the developer and whether it meets the “contribution condition” (group net‑worth test). Failure to provide a compliant certificate can restrict or bar recovery of remediation costs through the service charge and may invalidate related demands.Across England & Wales, Scotland and Northern Ireland, the expression is also used descriptively for administrative or conveyancing purposes, for example:- local authority Housing Benefit/Local Housing Allowance rent verification forms; and- lender or managing‑agent certificates in leasehold sales, remortgages or shared ownership.In Ireland, similar landlord confirmations are used (e.g. for HAP or Rent Supplement), but “landlord’s certificate” is not a defined statutory term. Content is set by the requesting body.
GLOSSARY
permission granted by the court;
GLOSSARY
permission to appeal the decision of a court;
GLOSSARY
You can rely on legitimate interests as a lawful ground for processing where: ‘processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.’
PRACTICE NOTES
Digital health developers, manufacturers and distributors of mHealth apps, and any connected Software as Medical Device (SaMD), artificial intelligence (AI) system or Artificial intelligence as a Medical Device (AIaMD) must comply with significant data protection regulations in parallel with regulatory compliance throughout the lifecycle of an app’s development and commercialisation to market. This Practice Note focuses, in particular, on the data protection and privacy considerations for mHealth (or mobile health). Further discussion also addresses the more stringent protections surrounding the collection of an individual user’s health data. The note does not consider broader life sciences regulatory concerns, for example, around medical devices. For further information on the regulation of medical devices, see Practice Note: Digital health—regulation of mHealth apps and medical software. For further information on the data protection implications of mobile app development more generally, see Practice Note: Mobile app development and data protection. For a discussion on data protection challenges posed by digital health through different case studies, including wearables and AI diagnostic tools, see Practice
mSv
GLOSSARY
Millisievert: a measure of the absorption of radiation by the human body.
GLOSSARY
medical expert' means a person who is registered with the General Medical Council
GLOSSARY
? an electronic communications network within the meaning of section 32(1) of the Communications Act 2003 (CA 2003) ? any device or group of interconnected or related devices, one or more of which, pursuant to a program, perform automatic processing of digital data, or ? digital data stored, processed, retrieved or transmitted by elements referred to above for the purposes of their operation, use, protection and maintenance
PRACTICE NOTES
CASE HUB See further, timeline. Case facts Outline UK merger investigation into anticipated acquisition by Liberty Global, Telefónica S.A. and InfraVia Capital Partners, through their joint venture nexfibre, of Substantial Group Limited (including Netomnia, Brsk, Brsk ISP and YouFibre). Liberty Global and Telefónica are the joint owners of Virgin Media O2 and, together with InfraVia, joint owners of nexfibre. The transaction Latest developments On 1 July 2026, the CMA referred the transaction for a phase 2 investigation after the parties requested a fast-track reference. The CMA’s Inquiry Group is