This blog was first published by Kluwer Arbitration and can be found here. Russia’s invasion of Ukraine has created an environment ripe for controversy and disputes, some of which may be resolved in arbitration. While UK sanctions imposed as a result of Russia’s invasion of Ukraine do not generally restrict arbitration proceedings, they may pose … Read more

Study shows support by members of the dispute resolution community for some degree of mandatory mediation in both litigation and arbitration proceedings. Please use this link to access the recording of a live webinar in which Craig Tevendale, Chris Parker KC, Gill Mansfield and Jonathan Wood discuss the survey’s outcomes.  Herbert Smith Freehills partnered with … Read more

The HKIAC’s arbitration caseload reached its highest level for more than a decade last year, according to the institution’s recently released 2022 case statistics.  The figures underline Hong Kong’s continuing international appeal as well as its unique strengths as a seat for China-related disputes.  They also show that Hong Kong’s arbitration third party funding regime, … Read more

In Vidatel v. PT Ventures, Mercury and Geni case (Cass. Civ. 1ère, 9 November 2022, No 21-17203), the French Supreme Court upheld the 2021 decision of the Paris Court of Appeal (26 January 2021, n°19/10666), rejecting Vidatel Ltd’s (Vidatel) request to set aside the 2019 ICC award rendered in favour of PT Ventures SGPS (PTV). … Read more

On 17 January 2023, the Democratic Republic of Timor-Leste (Timor-Leste) became the 172nd state to accede the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention). This accession follows Timor-Leste’s approval of a new legal regime of Voluntary Arbitration, as approved by its National Parliament on 31 March 2021. Read more

In the case of S3D Interactive, Inc v Oovee [2022] EWCA Civ 1665, the Court of Appeal has dismissed an appeal of a decision to enforce a peremptory order under s42 of the English Arbitration Act (Act), finding that the Court retains the power to enforce a peremptory order even where a jurisdictional challenge is … Read more

In YDU v SAB and BYH [2022] EWHC 3304 (Comm), the English High Court has deemed an arbitral tribunal’s order for specific performance, which was subject to conditions, an award for the purposes of the English Arbitration Act 1996 (the Act). In so doing, it has respected the Tribunal’s own classification of the decision, yet … Read more

Third Party Funding: recoverability and regulation In Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S, [2021] EWHC 3301 (Comm), the Commercial Court considered a challenge to an arbitral award under s68 of the Arbitration Act on the grounds that the tribunal’s award of the successful party’s costs of third party funding constituted a serious … Read more