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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
The UK dispute resolution community has a role to play in reassuring businesses that arbitration is a reliable process to settle disputes in Africa, says Head of Global Arbitration, Paula Hodges KC, in a new report for the UK Government’s Ministry of Justice (MOJ). Read more
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
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
After a successful event in 2022, Durham University Law School will be hosting a summer course on international arbitration between 10-15 July 2023. Read more
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
In two related decisions, different PRC courts have upheld third party funding arrangements for arbitration, finding that they were not prohibited by PRC law or the CIETAC Rules and did not provide valid grounds to challenge an award. In a third decision, a third party funding arrangement for litigation was held to be invalid because … Read more
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
The Hong Kong Court of First Instance has dismissed an application to set aside an award on due process and jurisdictional grounds, in a decision which again underlines the high bar facing parties seeking to challenge arbitral awards. Herbert Smith Freehills appeared for the successful award creditors in the case, led by Simon Chapman KC … Read more