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The Delhi High Court (the “Court“) in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce (“ICC“) which had directed Antrix Corporation Limited (“Antrix“) to pay damages of over US$ 560 million plus interest to Devas Multimedia Private Limited (“Devas“) (the “ICC Award“). This is the latest development … Read more
On 18 May 2022, an arbitral tribunal rendered its award in BSG Resources Limited (in Administration), BSG Resources (Guinea) Limited, BSG Resources (Guinea) Sàrl v Republic of Guinea (ICSID Case No. ARB/14/22) in favour of the Republic of Guinea (“Guinea“). Notably, in awarding costs, the tribunal treated as recoverable Guinea’s success fees under a private … Read more
The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The draft proposal can be found here and we have set out an overview of the proposal below. Read more
Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the “Act“). The stated aim of the review has been to ensure that the Act remains “best in class”: an approach based upon fine-tuning, rather than root and branch reform. Nonetheless, the consultation paper proposes some … Read more
On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on compulsory mediation in arbitration and litigation. The recent LCAM-HSF survey on attitudes to compulsory mediation sought respondents’ views on whether a form of compulsory mediation … Read more
In a recent decision, the Supreme Court of New South Wales held that ongoing arbitral proceedings did not prevent a party from calling upon a guarantee in relation to the primary contract. The key takeaways are as follows: A party will not, prima facie, be precluded from calling upon a guarantee for the sole reason … Read more
On 4 August 2022, the International Centre for Settlement of Investment Disputes (ICSID) released its latest Annual Report for FY2022. We discuss the report in our new blog piece, published on our Public International Law blog here. Read more
Further to its accession to the New York Convention in 2020 (discussed in our blog post here), Sierra Leone’s House of Parliament has approved a new arbitration law. The Arbitration Act 2022 bill was introduced to the House by the Deputy Minister of Justice, Hon. Umaru Napoleon Koroma on 2 August 2022. The legislation now awaits … Read more
A recent judgment of the Queensland Court of Appeal provides a further example of the pro-enforcement stance adopted by Australian courts in relation to arbitration agreements. Read more
