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The Hong Kong Court of First Instance has refused to enforce an arbitral award because the procedure adopted by the tribunal was so “seriously flawed” and “egregious” that due process was denied (CIC v Wu and Ors [2023] HKCFI 700). The unusual facts of this case underline the high threshold to successfully challenge arbitral awards … Read more
After more than 3.5 months without a Director, Datuk Professor Sundra Rajoo has been appointed as the Director of the Asian International Arbitration Centre (“AIAC“). Read more
The Hong Kong Court of First Instance has rejected an “untenable” challenge to a US$21 million CIETAC award, holding that that the award was manifestly valid and ordering indemnity costs against the award debtor for its unsuccessful attempt to resist enforcement (COG v ES [2023] HKCFI 294). Read more
Herbert Smith Freehills is delighted to be a sponsor of ‘The Energy Transition and Legal Challenges Conference’, taking place in London on Wednesday 15th March (between 09:00 – 18:00 GMT). **UPDATE 8 March 2023** Please note due to industrial action, this event has been postponed until further notice. For further information, please click here. This … Read more
A Hong Kong Court has followed the landmark judgment of the English Supreme Court in Enka v Chubb (reported here) to determine the governing law of a dispute resolution clause, holding that an express choice of governing law applicable to the main contract will generally also apply to the dispute resolution clause. Read more
The English High Court has concluded that an anti-assignment clause can prevent the assignment of an arbitration clause to an insurer pursuing subrogation rights by operation of law. The decision in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concluded that the relevant test for whether an assignment is in … Read more
We are pleased to share with you the details of the upcoming Conference of the European Federation for Investment Law and Arbitration (EFILA), taking place in Madrid on Thursday 16 March 2023 (from 09:00 CET). Read more
We are delighted to announce that Herbert Smith Freehills has hired arbitration specialist Anuradha Agnihotri as Of Counsel (India) in London to strengthen the firm’s India disputes practice. Read more
