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Inside Arbitration: Issue #2 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from 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 Publications and Guides, Uncategorized

Dispute Resolution choices for Finance Parties: A practical look at recent developments affecting dispute resolution options

Thursday 14th July 2016, 12.45 – 1.45pm BST Finance parties are often inclined to revert to favoured dispute resolution choices in their transactions. This default position is largely based on their perception of what offers the greatest flexibility or the … Continue reading

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Filed under Arbitration proceedings, Banking and Finance, EU Law, Uncategorized

Arbitral tribunal’s refusal to strike out a claim could not be challenged under s68 or s69 of the Arbitration Act 1996

In a recent decision, the Mercantile Court dismissed two appeals under s68 (procedural irregularity) and s69 (error of law) of the Arbitration Act 1996 (the "Act") which sought to challenge an arbitral tribunal's refusal to strike out a claim. The … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe, Procedures in arbitration, Uncategorized

English Court reiterates warning not to delay application for anti-suit injunction, regardless of jurisdictional challenge in the foreign proceedings

In ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [2016] EWHC 1427, the English Commercial Court rejected an application for an anti-suit injunction on the basis of undue delay. This decision mirrors the Court's approach in Ecobank v … Continue reading

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Filed under Arbitration Act 1996, Asia, Europe, Uncategorized

Singapore arbitration update: Third Party Funding and New SIAC Rules 2016

This week has seen two major developments in Singapore arbitration. First, Singapore's Ministry of Law has published draft legislation to legalise and regulate third party funding for arbitration (and arbitration-related litigation and mediation) in Singapore. Second, the Singapore International Arbitration … Continue reading

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Filed under Arbitration rules, Asia, Institutions, Procedures in arbitration, South East Asia, Summary procedures, Uncategorized

Australia gets in line: recent amendments to the International Arbitration Act

In October 2015, important amendments were made to the Australian International Arbitration Act 1974 (Cth) (IAA).  The amendments affect provisions in the IAA relating to the enforcement of foreign arbitral awards and the confidentiality of arbitral proceedings. The changes bring … Continue reading

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HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE

MULTIPLE PROCEEDINGS IN INTERNATIONAL ARBITRATION This year's Herbert Smith Freehills-SMU Asian Arbitration Lecture will be delivered by Professor Gabrielle Kaufmann-Kohler, followed by commentary from Alastair Henderson, Managing Partner of Herbert Smith Freehills Singapore and Head of International Arbitration Southeast Asia. … Continue reading

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Musings on the 2015 QMUL International Arbitration Survey: are clients and counsel aligned in their views of arbitration?

The 2015 Queen Mary University of London International Arbitration Survey has just been released. Sponsored by White & Case and PwC on an alternating basis, this survey seeks to gain quantitative data on arbitration. This year, the survey has opened … Continue reading

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‘Which came first, the chicken or the egg?’: Singapore High Court upholds competence-competence where existence of arbitration agreement in dispute

In its recent decision in Malini Ventura v Knight Capital Pte Ltd & others [2015] SGHC 225, the Singapore High Court has dismissed an application made under s. 6(2) of the International Arbitration Act (“IAA“) for an injunction to stay … Continue reading

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Filed under Asia, Jurisdiction, South East Asia, Uncategorized

Upcoming webinar: The changing landscape of Investment Treaty arbitration – Tuesday 23 June 2015 – 12.45pm BST

There has never been a time of greater public engagement in the whole system of Investment Treaties and the Investor State Dispute Settlement (ISDS) provisions contained within them. The ongoing negotiation of both the Trans-Pacific Partnership and the Transatlantic Trade … Continue reading

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Filed under EU Law, Investment Arbitration, Public International Law, Uncategorized