In Dato’ Seri Timor Shah Rafiq v Nautilus Tug & Towage Sdn Bhd [2019] MLJU 405, the High Court considered for the first time the new section 41A of Malaysia’s Arbitration Act 2005 (“Arbitration Act“), and its application to non-parties to an arbitration. Background In the context of a shareholders’ dispute, the plaintiff-director of the … Read more
In P v D [2019] EWHC 1277 (Comm), the English High Court set aside an arbitral award on the basis that the tribunal had reached a finding of fact on a core issue that had not properly been put to a witness in cross-examination and that the tribunal had based its decision on a case … Read more
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice. We once again take a regional focus, turning to our practitioners in Europe for their latest insights. The full digital edition can be downloaded in PDF via the link below. DOWNLOAD NOW In addition … Read more
What are the differences in approach to the enforcement of arbitration awards across EMEA? In our latest arbitration podcast series, we begin by taking a detailed look into the intricacies and nuances in enforcement in Russia, followed by the Middle East and other jurisdictions across the EMEA region. Read more
It is an oft-repeated rule that only signatories to an arbitration agreement can be made party to arbitration proceedings. To this end, various jurisdictions have considered situations where an arbitration clause can be ‘extended’ to a third party, and arbitral institutions have also introduced rules to ‘join’ third parties to arbitration proceedings, subject to the … Read more
On 18 June 2019, the Vienna International Arbitral Centre (“VIAC“) received a recommendation to be recognised as a “permanent arbitration institution” (“PAI“) in Russia. Coming only a few months after the Hong Kong International Arbitration Centre (“HKIAC“) became the first foreign institution to receive PAI status, this development is yet another milestone in the rapidly … Read more
Based on the recommendations of the Sri Krishna Committee (previously discussed here), on 3 July 2019, the current Law Minister, Ravi Shankar Prasad, introduced Bill No.127 of 2019, the New Delhi International Arbitration Centre Bill 2019 (the Bill) in the Lok Sabha. The Bill replaces an ordinance issued by the previous government in March 2019 … Read more
In the recent case of ZCCM Investments Holdings PLC v Kansanshi Holdings PLC & Anor [2019] EWHC 1285 (Comm), the English Court (the Court) rejected a challenge under s.68 of the English Arbitration Act 1996 (the Act) and provided useful guidance on the test for determining whether a tribunal’s decision qualifies as an award for … Read more
