In Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd (High Court Civil Appeal No.: WA-12ANCC-45-04/2021), the High Court refused to award indemnity costs to a party who successfully obtained a stay of court proceedings under section 10 of the Arbitration Act 2005 (“Act“), on the basis of the conduct of the … Read more

In December 2020, we reported that the Working Group II of the United Nations Commission on International Trade Law’s (UNCITRAL) had prepared draft expedited arbitration provisions for the UNCITRAL Arbitration Rules. UNCITRAL adopted the expedited arbitration provisions (the EAPs) in July 2021. The EAPs entered into force on 19 September 2021. The full text is … Read more

We are pleased to share with you the details of two upcoming EFILA events: the 7th Annual Lecture, taking place in Brussels on Thursday 28 October 2021 (5:00 PM – 7:30 PM CEST); and the 7th Annual Conference, taking place in Amsterdam on Friday 4 February 2022 (09:00 – 18:00 CET). Read more

The Supreme Court of India (the “Court“) has recently handed down a significant judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. & Ors. confirming that an award rendered by an emergency arbitrator (“EA“) in an arbitration seated in India is enforceable in the Indian courts. The Court’s judgment provides welcome clarity for … Read more

The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This conference interrogates increasing market volatility … Read more

The Hong Kong Court of First Instance has stayed an action to arbitration where the agreement provided that disputes “may” be referred to arbitration. Kinli Civil Engineering Limited v Geotech Engineering Limited [2021] HKCFI 2503 Background Kinli commenced court proceedings to recover HKD 4,055,696.83, which it argued was due and owing from Geotech under a … Read more

Herbert Smith Freehills has signed the Green Pledge of the Campaign for Greener Arbitrations (the CGA), after acting as an institutional supporter of the CGA for the past year. The CGA is a global initiative aimed at reducing the carbon footprint of arbitral proceedings. Signatories of the Green Pledge make a commitment in their personal … Read more

The Hong Kong Court of First Instance has refused to set aside an enforcement order for a US award on the basis that the arbitration agreement was invalid, the defendant was unable to present its case, or it would be contrary to Hong Kong public policy to enforce the award (Construction Company v Guarantor [2021] … Read more