UK Supreme Court interprets the “stay” provisions of s9 of the Arbitration Act 1996: rules Mozambique’s claims fall outside scope of arbitration agreements and rejects s9 application for stay

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of Mozambique (Mozambique)’s claims for, among other things, bribery, conspiracy and dishonest assistance against the defendants to be “matters” which fall outside the scope of the arbitration agreements in a number of related … Read more


In Viking Trading OU v Louis Dreyfus Suisse SA [2023] EWHC 2160 (Comm) the English Commercial Court clarified its discretionary power to grant costs of defending a s69 application under the English Act (Act) for permission to appeal an arbitral award, even if costs were not initially sought. This decision provides helpful guidance on best … Read more

ICC UK Annual Arbitration & ADR Conference: Promoting the Rule of Law

Our Global Head of Arbitration Paula Hodges KC will be speaking at the ICC UK Annual Arbitration & ADR Conference: Promoting the Rule of Law on 5 October 2023, the second day of the conference. Paula will be joining the panel discussing “The Future of International Arbitration”.     Date and Time: Thursday, 5 October … Read more

Law Commission publishes Final Report and draft Bill for amendments to the English Arbitration Act

The Law Commission today published its much anticipated Final Report on the English Arbitration Act (the Act), accompanied by a draft Bill. Although the Law Commission has emphasised that “root and branch reform is not needed or wanted“, the report nonetheless makes several significant recommendations for change and proposes other more minor amendments. The main … Read more

New Rules for Emergency Arbitration in Chile

On August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency arbitration (EA) to its domestic Arbitration Rules, through the inclusion of a new article 21 bis and a new Title IX (EA Regulation).  The EA Regulation will enter into force on September 1, … Read more

Informal networking breakfast on Friday 22 September 2023 at ArbFest Edinburgh

The inaugural Edinburgh International Arbitration Festival (ArbFest), hosted by the Scottish Arbitration Centre, will be held on 21 and 22 September 2023, a year on from the record-breaking International Council for Commercial Arbitration (ICCA) Congress which was also held in Edinburgh. Herbert Smith Freehills is a proud sponsor of ArbFest 2023 and both our CEO Justin … Read more