LCIA publishes its Casework Report for 2022 – percentage of Asian parties triples and, for the first time in 25 years, no arbitrator challenges pursuant to Article 10 of the LCIA Rules

The LCIA has published its Casework Report for 2022, which is the LCIA’s annual summary of its caseload and trends. It reported fewer new cases than in 2021, but the figures for the last quarter of 2022 show an upward trajectory of referrals received compared with earlier in the year, with the number of LCIA arbitrations … Read more

New SCCA Rules: strengthening the case for arbitration in the KSA

On 1 May 2023, the Saudi Centre for Commercial Arbitration (“SCCA“) announced the publication of its revised SCCA Arbitration Rules (the “new Rules“).  The new Rules apply to all arbitrations filed on or after 1 May 2023.  The new Rules replace the first edition of the Rules, which were published in 2016. One of the … Read more

HONG KONG COURT GRANTS ANTI-ARBITRATION INJUNCTION TO PROTECT ENFORCEMENT OF PRIOR AWARD

The Hong Kong Court of First Instance (“CFI“) has taken the rare step of granting an anti-arbitration injunction to restrain claims which sought to undermine the enforcement in Hong Kong of a prior arbitral award (廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. Eton Properties Ltd and Another [2023] HKCFI 1327). The decision is the latest in … Read more

ARBITRATION OF INSOLVENCY DISPUTES: THE VIEW FROM THE AUSTRALIAN COURTS

Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in accordance with pre-existing arbitration agreements. In particular, the decisions address the following two key issues: when certain insolvency claims can be arbitrated; and when a third party can participate in arbitral proceedings either claiming or … Read more

HSF’S INTERNATIONAL ARBITRATION PRACTICE CO-HOSTS INTERNATIONAL ARBITRATION DAY AT LIDW 2023

On 15 May 2023, Herbert Smith Freehills co-hosted London International Disputes Week’s inaugural International Arbitration Day, welcoming over 350 external guests to our London office. International Arbitration Day was a flagship arbitration event, showcasing the importance of London as a global arbitration centre. Herbert Smith Freehills was chosen as one of three LIDW member firms … Read more