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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 Indian court decisions, including the rejection of forum non conveniens arguments by the Delhi High Court allowing restaurant chain McDonalds to … Continue reading

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Angola becomes 157th Contracting State to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Angola has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Its ratification was endorsed domestically via resolution No. 38/2016, published in the Official Gazette of Angola on 12 August 2016. Under Article XII(2) of … Continue reading

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Filed under Africa, Enforcement, New York Convention, Uncategorized

International arbitration internship (Hong Kong): applications now open

Herbert Smith Freehills is accepting applications for short-term internships with the firm’s international arbitration group in Hong Kong. Three paid internship positions are open for three to four months each (not extendable), beginning in or around January, May and September … Continue reading

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English court grants retroactive extension of time to enable arbitral process opportunity to “correct itself”

In a further example of the pro-arbitration exercise of pragmatism, in (1) Xstrata Coal Queensland Pty Ltd (2) Sumisho Coal Australia Pty Ltd (3) Itochu Coal Resources Australia Pty Ltd (4) ICRA OC Pty Ltd v Benxi Iron & Steel … Continue reading

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Filed under Arbitration rules, Court intervention, Uncategorized

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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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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