The first part of the blog will establish the English jurisprudential benchmark, tracing the evolution of the shadow director test from the rigid “puppet master” standard in Re Hydrodam (Corby) Ltd to the more pragmatic “real influence” test in Secretary of State for Trade and Industry v. Deverell.

This blog argues that, in the age of AI, market definition must adapt, separating hype from structural reality and ensuring that claims of “nascency” do not become convenient cover for an anti-competitive market. 

The Shashoua judgment represents a watershed moment in the evolution of Section 48 public policy jurisprudence, particularly in its application to complex shareholders dispute arbitration. The court’s sophisticated analysis validates contractual deadlock resolution mechanisms while maintaining necessary boundaries between arbitral authority and statutory regulation.