TIMOR-LESTE BECOMES THE 172ND STATE TO THE NEW YORK CONVENTION 1958

On 17 January 2023, the Democratic Republic of Timor-Leste (Timor-Leste) became the 172nd state to accede the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention). This accession follows Timor-Leste’s approval of a new legal regime of Voluntary Arbitration, as approved by its National Parliament on 31 March 2021. Read more

English court holds arbitral order, subject to conditions, an award

In YDU v SAB and BYH [2022] EWHC 3304 (Comm), the English High Court has deemed an arbitral tribunal’s order for specific performance, which was subject to conditions, an award for the purposes of the English Arbitration Act 1996 (the Act). In so doing, it has respected the Tribunal’s own classification of the decision, yet … Read more

A ROUND UP OF COMMERCIAL ARBITRATION IN 2022: KEY DEVELOPMENTS YOU SHOULD KNOW

Third Party Funding: recoverability and regulation In Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S, [2021] EWHC 3301 (Comm), the Commercial Court considered a challenge to an arbitral award under s68 of the Arbitration Act on the grounds that the tribunal’s award of the successful party’s costs of third party funding constituted a serious … Read more

PRIVATE EQUITY FIRM PREVAILS OVER INDIAN PROMOTOR’S GUERRILLA TACTICS, MAKING NEW LAW ON THE ARBITRABILITY OF DISPUTES IN SINGAPORE

In an ugly corporate divorce related to an online matrimonial website, the Singapore Court of Appeal decided that the arbitrability of a dispute will be determined at the pre-award stage by reference first to the law governing the arbitration agreement (Anupam Mittal v Westbridge Ventures II Investment Holdings [2022] SGCA, available here). Read more

DIFC Court provides further guidance on anti-suit injunctions in respect of “on-shore” Dubai Court Proceedings

Summary Nearly two years after the DIFC Court granted an anti-suit injunction in Multiplex Constructions LLC v Elemec Electromechanical Contracting LLC (which we previously discussed here), it is an established principle that the DIFC Courts will grant anti-suit injunctions where the parties are bound by an arbitration agreement and the seat of the arbitration is … Read more

Cryptocurrency disputes and consumer arbitration: the next instalment

The English High Court has handed down judgment in another case concerning trades on a cryptocurrency exchange. The case of Chechetkin v Payward Ltd and others [2022] EWHC 3057 (Ch)  is a further illustration of the procedural and substantive complexity that can arise from arbitrating disputes in a consumer context. Read more

HERBERT SMITH FREEHILLS PARTNER MIKE MCCLURE APPOINTED KING’S COUNSEL

We are very proud to announce that Seoul-based partner Mike McClure has been appointed King’s Counsel (KC) in England and Wales. Mike will be the fourth KC currently practising at Herbert Smith Freehills, joining Paula Hodges KC, Simon Chapman KC and Chris Parker KC. Home-grown talent, Mike McClure joined Herbert Smith’s international arbitration group in … Read more