English Court of Appeal reinstates the appointment of an arbitrator on the basis that he qualifies for appointment under the arbitration clause

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the English Court of Appeal has reversed the decision of the High Court on whether a party-appointed arbitrator met the contractual requirements as to requisite … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Arbitrators, Europe, Uncategorized

2017 ICC Dispute Resolution Statistics show steady growth

The ICC has recently published its preliminary 2017 statistics, showing a slightly lower case load than the record-breaking 2016, but still indicating a steady long term growth. A total of 810 new cases were filed in 2017, involving 2316 parties … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Expedited Arbitration, Institutions

India announces further amendments to the Arbitration Act to strengthen institutions and clarify previous reforms

According to this press release, on 7 March 2018, the Indian Cabinet approved a draft Bill to amend the Arbitration and Conciliation Act, 1996 (“Arbitration Act“). The press release indicates that the Bill will focus on building institutional support for … Continue reading

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Filed under ADR, Arbitration laws, Asia, Confidentiality, India

Security for costs granted by English Court in investment treaty award challenge in which claimants are receiving third-party funding

In its recent judgment in Progas Energy Limited and ors v Pakistan [2018], the English High Court (the Court) granted Pakistan’s request for security for their costs in defending a challenge to an investment treaty award. The Court declined Pakistan’s … Continue reading

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Filed under Asia, Challenges to awards, Costs, Europe, Investment Arbitration, Third Party Funding

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made … Continue reading

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Filed under Brexit, EU, Europe, Public International Law

Recent Developments in India-Related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various Indian court decisions, including the availability of interim relief in support of foreign arbitration, sanctions for non-compliance with arbitral orders … Continue reading

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Filed under Asia, Court intervention, India, Institutions, Interim relief, News


In A and Others v Housing Authority (HCCT 54/2017), the Hong Kong Court of First Instance (Court) reiterated the high threshold for leave to appeal an arbitral award on a question of law.  In dismissing the Plaintiffs’ application, the Court … Continue reading

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Filed under ADR, Asia

The DIS Rules of Arbitration of 2018

The new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit – “DIS”) will enter into force on 1 March 2018 (“DIS Rules 2018”). It is the first revision of the DIS Rules since the current version was adopted in 1998 … Continue reading

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Filed under Arbitration rules, Europe, Institutions

Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Asia, DIFC, Europe, Hong Kong & China, Interim relief, Investment Arbitration, ISDS, Middle East, Procedures in arbitration, Public International Law, Publications and Guides, South East Asia


On 8 January 2018, the South China International Economic and Trade Arbitration Commission, also known as the Shenzhen Court of International Arbitration (SCIETAC/SCIA) and the Shenzhen Arbitration Commission (SAC) announced that they have merged to form one arbitration institution known … Continue reading

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Filed under ADR, Asia, Hong Kong & China