The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, … Read more

On 17 December 2020, the International Bar Association (IBA) adopted new rules on the Taking of Evidence in International Arbitration (Rules). The new Rules were published on 17 February 2021 and will apply to all arbitrations in which the parties agree to apply the IBA Rules after 17 December 2020. The new rules and commentary … Read more

By Brenda Horrigan, Chad Catterwell and Guillermo Garcia-Perrote. International arbitration is gaining ground across the South Pacific region. There are a wide range of benefits brought about by implementing an effective framework for international arbitration across the region, most prominently increased foreign investment opportunities and the economic advantages that brings. Presently, eight countries from the … Read more

In a recent post on our Construction Notes blog, James Doe and Noe Minamikata consider the decision of the English Court of Appeal in Secretariat Consulting PTE Ltd, Secretariat International UK Ltd and Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, in which the Court dismissed an appeal against an order of the … Read more

On 29 January 2021, the European Union (“EU”) and Canada adopted four decisions, which put in place specific rules elaborating the Investment Court System agreed in the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). The four decisions set out detailed rules and procedures regarding the structure of the Appellate Tribunal and the conduct of appeals, … Read more

Paula Hodges QC, Global Head of International Arbitration, will be joining an online discussion on “Leading Arbitration Cases 2020: Different Perspectives” on 17 February 2021 (11.00 – 14.15GMT). Hosted by ICC Russia and ICC United Kingdom, the event offers the opportunity to gain practical insights from experts on topics including: Arbitrator Disclosures approaches in Russia … Read more

On 2 December 2020, the French Cour de Cassation (Cass Civ. 1, No. 19-15.396) overturned a decision by the Paris Court of Appeal that had dismissed an application to set aside an arbitral award on the basis that the applicant has waived its right to raise, when contesting the arbitral tribunal’s jurisdiction before the French … Read more

In a unanimous decision (accessible here), the Full Federal Court of Australia has allowed (on a limited basis as explained below) an appeal by the Kingdom of Spain of the Federal Court decision in Eiser Infrastructure Limited v Kingdom of Spain [2020] FCA 157 (Eiser). The decision at first instance had allowed the recognition and … Read more