ENGLISH COURT REJECTS S68 CHALLENGE MADE ON THE GROUNDS OF APPARENT BIAS

In Rabbi Moshe Avram Dadoun v Yitzchok Biton [2019] EWHC 3441 (Ch), the High Court dismissed an appeal against an arbitral award (the “Award”) of the Beth Din of the Federation of Synagogues in London (the “Beth Din”) under s68 of the Arbitration Act (the “Act”). While there were unilateral and undisclosed communications between a … Read more

CONSTRUCTION ARBITRATION PODCAST SERIES EPISODE 3: DOCUMENTS AND FACTUAL WITNESSES

Why are documents and factual witnesses so important in construction arbitrations? We are pleased to share the third episode in our Construction Arbitration podcast series, in which we discuss the importance of documents and factual witnesses in construction arbitrations. In this episode Craig Tevendale (Partner, UK Head of International Arbitration), Susan Field (Senior Associate, International … Read more

23RD ANNUAL IBA ARBITRATION DAY: “INNOVATION 360: NEW AND NOVEL IDEAS FOR THE PRACTICE OF ARBITRATION—CRITICALLY TESTED”

12-13 March 2020 Ciragan Palace Kempinski, Istanbul, Turkey A conference presented by the IBA Arbitration Committee Under the theme of “Innovation 360: new and novel ideas for the practice of arbitration – critically tested”, the 2020 Arbitration Day will present a series of panels, with each panel presenting one new idea that challenges a key … Read more

RUSSIAN SUPREME COURT REQUIRES UNIFORM APPROACH IN ARBITRATION CASES AND CLARIFIES MEANING OF PUBLIC POLICY

On 10 December 2019, almost four years after the Russian arbitration reform of 2016 and one year since the Russian Supreme Court (the “SC“) published its guidance in relation to various issues concerning international commercial arbitration, the SC issued an important resolution relating to arbitration. Resolution No 53 On the fulfilment by the Russian state … Read more

A TALE OF TWO BANIS – INDONESIAN SUPREME COURT’S LATEST RULING FINDS AGAINST THE CURRENT GOVERNING BOARD MEMBERS OF THE ORIGINAL BANI

Since 2016, the international community has followed the disputes involving BANI (Badan Arbitrase Nasional Indonesia), one of the oldest and most established arbitral institutions in Indonesia, and the more recently established BANI Pembaharuan (“BANI-P“). In fact, BANI-P’s establishment, registration and use of the “BANI” name led to the commencement of multiple lawsuits by members of … Read more

HERBERT SMITH FREEHILLS PARTNER SIMON CHAPMAN TO BE APPOINTED QUEEN’S COUNSEL

We are very proud to announce that Simon Chapman, Head of Greater China Disputes, is to be appointed Queen’s Counsel. The award of Queen’s Counsel is for excellence in both written and oral advocacy before the higher courts and arbitration tribunals. Simon is to be one of only 4 solicitor-advocates amongst the 114 QCs appointed … Read more

SINGAPORE COURT OF APPEAL CONFIRMS THAT THE PARTIES’ INTENTION TO ARBITRATE SHOULD NOT BE GIVEN EFFECT “AT ALL COSTS”

Introduction In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the “COA“) confirmed that the phrase “arbitration in Shanghai” meant that Shanghai was the seat of arbitration, reversing the position taken by the arbitral tribunal and the High Court. The COA made this finding notwithstanding the fact that the arbitration … Read more

ARBITRATION OF CLIMATE CHANGE DISPUTES

On 28 November 2019, the International Chamber of Commerce Task Force on Arbitration of Climate Change Related Disputes released their Report on Resolving Climate Change Related Disputes through Arbitration and ADR  (“ICC Report“). The 66-page ICC Report explores existing and anticipated climate change-related  disputes and the benefits of using arbitration to resolve these. Over the … Read more