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ACICA announces panel of tribunal secretaries, publishes guideline on the use of tribunal secretaries

On 1 January 2017, the Australian Centre for International Commercial Arbitration (ACICA) announced the launch of a panel of tribunal secretaries which will serve as a resource for tribunals and parties undertaking arbitration in Australia and the region. ACICA also published … Continue reading

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Filed under Arbitration proceedings, Australia, Confidentiality, Independence, Procedures in arbitration, Publications and Guides, Uncategorized

Hong Kong Court Dismisses set-aside application for lack of jurisdiction

On 22 December 2016 Justice Mimmie Chan delivered her reasons in A v D, where the Plaintiffs had applied to set aside an arbitrator's decision on the ground of serious irregularity under section 4 of Schedule 2 of the Hong … Continue reading

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Filed under Challenges to awards, Enforcement, Hong Kong & China, Uncategorized

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will need to be finalised by the European Union and the Member States acting jointly, i.e. entered … Continue reading

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Filed under Asia, Brexit, Europe, Investment Arbitration, ISDS, Public International Law, Trade Agreements, Uncategorized

Astro v Lippo: First Media’s Hong Kong appeal dismissed

Hong Kong's Court of Appeal (CA) has given judgment in the latest instalment of the dispute between Malaysia's Astro media group and Indonesia's Lippo. On 5 December 2016, the CA dismissed an appeal by First Media, a Lippo Group entity, … Continue reading

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Filed under Arbitration proceedings, Asia, Challenges to awards, Court intervention, Enforcement, Hong Kong & China, Jurisdiction, Uncategorized, UNCITRAL Model Law

Hong Kong confirms IP rights are arbitrable

Hong Kong has introduced amendments to its Arbitration Ordinance (Cap. 609) (Ordinance), clarifying that disputes over intellectual property rights (IPRs) may be resolved by arbitration and that it is not contrary to Hong Kong public policy to enforce arbitral awards … Continue reading

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Herbert Smith Freehills updates essential guide to disputes clauses in China contracts

Herbert Smith Freehills has launched the latest edition of its practical guide, "Governing law and dispute resolution clauses for China-related contracts‎". Popularly known as 'The Dragon Book', the guide helps in-house lawyers negotiating China-related commercial contracts to understand the workings … Continue reading

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Singapore update: litigation funding moves a step closer and new legislation proposed to give force to settlement agreements made through mediation

Last week saw two important and novel pieces of legislation related to dispute resolution put before the Singapore Parliament.  The first is a bill to amend current legislation to permit third party funding in international arbitration and related litigation.  The … Continue reading

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SCIA updates its rules to hear investor-state arbitrations

The Shenzhen Court of International Arbitration (“SCIA”), formerly CIETAC's Shenzhen Sub-commission, published its latest rules (the "Rules") on 26 October 2016. The Rules will take effect on 1 December 2016. This is the first time that SCIA has revised its rules … Continue reading

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New Zealand amends its Arbitration Act

New amendments to the New Zealand Arbitration Act 1996 (Act) received Royal Assent on 17 October 2016, and will come into force on 1 March 2017. There are two key amendments to the Act: Definition of ‘arbitral tribunal’ Previously, an … Continue reading

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Briana Young appointed to HKIAC Council

Briana Young, Professional Support Consultant in Herbert Smith Freehills' Hong Kong office, has been appointed to the Council of the Hong Kong International Arbitration Centre (HKIAC). Briana is the third Herbert Smith Freehills' appointee to the governing body of the … Continue reading

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