In BSG Resources Ltd v Vale SA and others [2019] EWHC 2456 (Comm), the English Commercial Court (the Court) considered five applications concerning an arbitration award dated 4 April 2019 (the Award) which had resulted in an order of the English court for BSGR to pay damages of US$1.247 billion to Vale (the Enforcement Order). … Read more
We are pleased to be hosting the fifth Annual Conference of the European Federation for Investment Law and Arbitration (EFILA), to take place on 30 January 2020 at Herbert Smith Freehills’ offices in London. This year’s conference will focus on ‘Investment Protection in the EU: Alternatives to Intra-EU BITs’, and will cover the topics: Investment/investor … Read more
In K v S [2019] EWHC 2386 (Comm), the English Court (the Court) dismissed a challenge to a London Court of International Arbitration (LCIA) arbitral tribunal’s procedural order. The challenge was made on the grounds of serious irregularity under s68 of the Arbitration Act 1996 (the Act) but was dismissed for failing to satisfy any … Read more
As we have explained in a previous post, Section 1782 of the United States Code (28 USC § 1782, titled “Assistance to foreign and international tribunals and to litigants before such tribunals”) is a means by which “an interested person” in non-US proceedings can request an order compelling discovery from a US-based entity “for use … Read more
In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), the Malaysian High Court considered whether an inquiry of damages arising out of an undertaking by an applicant to pay damages for an injunction wrongly granted by a court in support of arbitration proceedings should await the outcome … Read more
In Sternberg Reed Solicitors v Harrison [2019] EWHC 2065 (Ch), the High Court decided that an arbitrator had made an error in law in deciding that he could consider correspondence marked “without prejudice” when deciding costs. However, correspondence that is impliedly “without prejudice” could be taken into consideration. Arbitrators usually have broad discretion when considering costs … Read more
The Supreme People’s Court of China and the Department of Justice of Hong Kong SAR announced today that the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region will come into effect on 1 October 2019 in … Read more
The Maldives recently became the latest state party to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“). The Maldives acceded formally to the New York Convention on 17 September 2019, which will come into force for the Maldives on 16 December 2019, 90 days thereafter. … Read more
