Error: Can't connect Warning: mysqli_query() expects parameter 1 to be mysqli, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 186
Warning: mysqli_fetch_assoc() expects parameter 1 to be mysqli_result, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 187
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
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
In SQD v QYP [2023] EWHC 2145 (Comm), the English Commercial Court refused to issue an anti-suit injunction (ASI) and anti-enforcement injunction to stop proceedings commenced by a claimant in its home country in breach of an arbitration agreement. The court reasoned that such an injunction would be inconsistent with the French courts’ approach to … Read more
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
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
In a recent post on our Public International Law Notes blog, Antony Crockett and Caitlin Setter consider the recent release of ICSID’s biannual caseload statistics for FY2023 and a separate publication reviewing the first year of practice under the newly implemented ICSID 2022 Rules. You can read the full post here. For further information, … Read more
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
The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that a party seeking to be joined to the arbitration and substituted in the claimant’s place was the true principal to the contract (R v. A, B and C [2023] … Read more
