HERBERT SMITH FREEHILLS PROMOTES THREE ARBITRATION SPECIALISTS TO ITS GLOBAL PARTNERSHIP

16 April, 2019

Herbert Smith Freehills has promoted seven disputes lawyers to its partnership, out of a total of 22 worldwide. The promotions in the disputes practice, which take effect on 1 May, 2019, span right across the firm's global network including: London,… Read more

HERBERT SMITH FREEHILLS AWARDED “DISPUTE OF THE YEAR” BY LATIN LAWYER

15 April, 2019

Herbert Smith Freehills' successful representation of the Republic of Costa Rica in a high-profile investment arbitration has been named "Dispute of the Year" by Latin Lawyer at its 13th annual Deal of the Year Awards. ... Read more

MALAYSIAN APEX COURT DECIDES ON ARBITRABILITY OF DISPUTES INVOLVING A REMEDY OF STATUTORY FORECLOSURE, AND THE INCORPORATION OF ARBITRATION CLAUSES IN MULTI-CONTRACT TRANSACTIONS WHERE ONE CONTRACT CONTAINS AN ENTIRE AGREEMENT CLAUSE

15 April, 2019

Earlier this year, it was reported that the Malaysian Federal Court on 29 January 2018 decided an application to stay statutory foreclosure proceedings pursuant to a registered security granted over a parcel of land on the basis that the underlying… Read more

HKIAC BECOMES FIRST FOREIGN INSTITUTION ACCREDITED TO HEAR RUSSIAN CORPORATE DISPUTES

15 April, 2019

On 4 April 2019, the Hong Kong International Arbitration Centre (HKIAC) received approval to be recognised as a "permanent arbitration institution" in Russia. The HKIAC is the first foreign institution to receive such approval, which marks an unprecedented change in… Read more

ENGLISH COMMERCIAL COURT GRANTS PERMISSION TO THE CHARTERED INSTITUTE OF ARBITRATORS TO OBTAIN COPIES OF DOCUMENTS ON THE COURT’S RECORDS FOR DISCLIPLINARY PROCEEDINGS AGAINST AN ARBITRATOR

12 April, 2019

In The Chartered Institute of Arbitrators v B, C, D [2019] EWHC 460 (Comm), the Commercial Court granted an application made by the Chartered Institute of Arbitrators (the CIArb) under CPR 5.4C for permission to obtain copies of certain court… Read more

FIVE AT HERBERT SMITH FREEHILLS RANKED IN INAUGURAL TOP 200 UK INTERNATIONAL ARBITRATION POWERLIST

11 April, 2019

Herbert Smith Freehills' London-based international arbitration partners Paula Hodges QC, Craig Tevendale, Nicholas Peacock, Andrew Cannon and Chris Parker have all been named amongst 200 leading lawyers in Legal 500's inaugural UK International Arbitration Powerlist. The list, which is based… Read more

HERBERT SMITH FREEHILLS’ GLOBAL ARBITRATION PRACTICE RANKED FOURTH IN THE WORLD

10 April, 2019

Global Arbitration Review (GAR) has unveiled its annual ranking of the world’s leading international arbitration practices, with Herbert Smith Freehills ranked fourth in the world. ... Read more

ENFORCING FOREIGN ARBITRAL AWARDS IN RUSSIA: SURVEY FROM THE RUSSIAN ARBITRATION ASSOCIATION

9 April, 2019

In late November 2018, the Russian Arbitration Association (“RAA”) published a detailed study on the application of the New York Convention in Russia between 2008 and 2017. The Working Group of the RAA analysed 10 consecutive years of case law… Read more

Hong Kong – Mainland interim relief arrangement: full text and more detail

4 April, 2019

Following Tuesday's announcement of 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 (Arrangement), the Supreme People's Court of China… Read more

INDIAN SUPREME COURT RULES THAT PRE-DEPOSIT REQUIREMENT IN AN ARBITRATION AGREEMENT IS UNCONSTITUTIONAL

3 April, 2019

In a decision of 11 March 2019, the Supreme Court of India (the "Court") struck down part of an arbitration clause which required a claimant to deposit 10 per cent of the amount claimed with the arbitrator before the arbitration… Read more

BEIJING COURT REJECTS APPLICATION TO SET ASIDE TRIBUNAL’S INSTRUMENT RECORDING MEDIATED SETTLEMENT TERMS, CITING LACK OF LEGAL BASIS

3 April, 2019

In Li Lian Dong and Others v Shen Yi (2018) Jing 04 Min Te 541, a first instance decision made earlier this year, the Beijing 4th Intermediate People’s Court considered whether the court's power to set aside an arbitral award… Read more

Breaking: Mainland Chinese courts can order interim relief for HK arbitrations

2 April, 2019

The Hong Kong SAR Government and China's Supreme People's Court today signed a mutual assistance pact on interim relief in support of arbitration. For the first time, Mainland Chinese courts will be able to order interim measures in support of… Read more

AUSTRALIA AND INDONESIA SIGN COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT

29 March, 2019

On 4 March 2019, Australia and Indonesia signed the Australia-Indonesia Comprehensive Economic Partnership Agreement ("CEPA"). In this post, we briefly consider some of the noteworthy features of the CEPA chapter on investment and in particular its provisions regarding investor-State dispute… Read more

AUSTRALIA AND HONG KONG SIGN NEW TRADE AGREEMENT CONTAINING INVESTOR-STATE DISPUTE RESOLUTION PROVISIONS

28 March, 2019

On 26 March 2019, Australia and Hong Kong signed the Australia-Hong Kong Free Trade Agreement (A-HKFTA) and its associated Investment Agreement (Agreement). These agreements were negotiated against the background of a heated political debate in Australia regarding the benefits and… Read more

ENGLISH HIGH COURT GRANTS INJUNCTION TO BLOCK JORDANIAN PROCEEDINGS SEEKING TO INVALIDATE AN ARBITRATION AGREEMENT

25 March, 2019

On 1 March 2019 the English court granted the claimant, ACT, a permanent anti-suit injunction against proceedings issued in Jordan (the Jordanian Proceedings) by the defendant, Soletanche (in Aqaba Container Terminal (PVT) Co v Soletanche Bachy France SAS). The Court… Read more

Singapore court refuses set aside on the basis that the successful party in the arbitration did not call witnesses to give evidence and disclose certain documents

22 March, 2019

In BVU v BVX [2019] SGHC 69 the High Court of Singapore refused to set-aside an arbitral award on the basis that BVX, the successful party in the arbitration, did not call certain witnesses to give evidence and disclose certain… Read more

Hong Kong Court refuses leave to appeal arbitral award

13 March, 2019

In Buda Pipe Rehabilitation Engineering Co. Limited v CPC Construction Hong Kong Ltd [2019] HKCFI 503, the Hong Kong Court of First Instance dismissed Buda Pipe Rehabilitation Engineering Co. Limited (BPR)'s application for leave to appeal a 2018 arbitral award,… Read more

Revised ICC note to parties and tribunals: will publication of awards become the new normal?

12 March, 2019

This post was originally published on the Kluwer Arbitration Blog, 7 March 2019. ICC’s updated guidance to parties On 20 December 2018 the International Court of Arbitration of the International Chamber of Commerce (ICC) published an updated Note to Parties… Read more

HONG KONG COURT FINDS ENFORCEMENT OF ARBITRAL AWARD TIME BARRED

8 March, 2019

In CL v SCG [2019] HKCFI 398, the Hong Kong Court of First Instance found that enforcement of a 2011 arbitral award by CL was time barred, clarifying when a cause of action for failure to honour an award accrues… Read more

US District Court in New York reviews AAA Appellate arbitral panel decision with the same deference as arbitral awards under the FAA

6 March, 2019

On February 14, 2019, in considering cross applications to vacate and confirm an arbitration award, the United States District Court, S.D. New York decided to grant the same deference to a decision made by an appellate arbitration panel as is… Read more

HONG KONG COURT FINDS THAT DEFENDANT WAIVED RIGHT TO CHALLENGE JURISDICTION

6 March, 2019

Israel Sorin Shohat, the Third Defendant in proceedings commenced by Mr Balram Chainrai, sought to challenge the jurisdiction of Hong Kong courts to hear a matter related to an Israeli arbitral award issued in 2013. The court held that, while… Read more

Section 67 and 68 challenges to LCIA award dismissed

5 March, 2019

In the highly complex and contentious case of Filatona Trading Ltd and another v Navigator Equities Ltd and others [2019] EWHC 173 (Comm), the English High Court dismissed an attempted challenge to an LCIA award brought on the grounds of… Read more

HONG KONG COURT GRANTS ANTI-SUIT INJUNCTION TO BIND THIRD PARTY TO ARBITRATION AGREEMENT

5 March, 2019

In Dickson Valora Group (Holdings) Co Ltd v Fan Ji Qian [2019] HKCFI 482, the Hong Kong Court of First Instance has granted an anti-suit injunction restraining mainland Chinese court proceedings commenced by Fan Ji Qian on the ground that… Read more

English High Court orders indemnity costs in discontinued s.68 proceedings to challenge awards

27 February, 2019

In Koshigi Ltd and another company v Donna Union Foundation and another [2019] EWHC 122 (Comm) the English High Court considered an application for costs arising from discontinued proceedings under s.68 Arbitration Act 1996 to challenge two arbitral awards. The… Read more

The discontinuation of LIBOR and arbitration: issues of substance and procedure for parties and arbitrators

15 February, 2019

The global financial markets are currently preparing for the phasing out of the London Inter-bank Offered Rate (or LIBOR) and other Inter-bank Offered Rates (or IBORs). LIBOR is the most widely used benchmark interest rate globally, employed in an estimated… Read more

ICCA and IBA launch joint task force on data protection in international arbitration

14 February, 2019

The International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) have launched a Joint Task Force on Data Protection in International Arbitration Proceedings. ... Read more

CIETAC releases 2018 statistics

14 February, 2019

On 1 February 2019, CIETAC published its 2018 statistics and 2019 work plan. The statistics show a substantial increase in CIETAC's caseload and the total amounts in dispute, as well as a growing diversity of cases administered by CIETAC. CIETAC… Read more

English High Court recognises arbitral tribunal’s jurisdiction over settlement agreement in absence of express arbitration clause

13 February, 2019

In the recent decision of Sonact Group Limited v. Premuda SPA [2018] EWHC 3820 (Comm), the English High Court confirmed its pro-arbitration approach to the interpretation of arbitration agreements. The Court held that an arbitration agreement contained in a charterparty… Read more

WANT TO KNOW MORE ABOUT THE ASIAN INFRASTRUCTURE INVESTMENT BANK?

12 February, 2019

AIIB and HKIAC are presenting a joint seminar on the AIIB’s status, policies and projects on 21 February. The seminar, which is supported by Hong Kong’s Department of Justice and the ICC, features: an interview with AIIB’s General Counsel, Gerard… Read more

Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources’ claim against Romania concerning mining project

7 February, 2019

The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian NGOs, as non-disputing parties, for participation and an amicus submission (the Submission) in an ICSID arbitration… Read more

Inside Arbitration: Issue #7 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

6 February, 2019

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insight about the markets and industries in which our clients operate,… Read more

Advocate General finds that CETA’s “Investment Court System” is compatible with EU law

1 February, 2019

One of the Advocates General to the Court of Justice of the European Union, Advocate General Bot, has issued an opinion confirming that the mechanism for the settlement of disputes between investors and states provided for in the Comprehensive Economic… Read more

Court Support For Arbitration In South Africa: Knowing Where You Stand

1 February, 2019

In December 2017, South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act). The New Act The New Act incorporates the provisions of the UNCITRAL… Read more

FUNDING IN SINGAPORE AND HONG KONG: HERBERT SMITH FREEHILLS CONTRIBUTES TO LEADING PUBLICATION, ACTS ON FUNDED CASES

1 February, 2019

Third party funding is a hot topic in Asia. As noted on this blog, Singapore introduced legislation in 2017 to allow third-party funding in international arbitration and associated proceedings, including enforcement and mediation. Hong Kong's funding legislation takes effect today.… Read more

HONG KONG’S FUNDING LAW NOW IN FORCE

1 February, 2019

Hong Kong's long-awaited legislation permitting third parties to fund arbitrations and related proceedings takes effect today. As heralded in our earlier posts, this is a widely welcomed development in one of the world's leading arbitral seats, and is expected to… Read more

No U-Turns Ahead: Singapore Court of Appeal holds that commencement of court proceedings may lose you the right to later rely on arbitration agreements

31 January, 2019

In the recent landmark decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that the commencement of court proceedings notwithstanding the existence of a binding arbitration agreement and without any… Read more

Swiss Federal Tribunal refuses to set aside the Deutsche Telekom v India Award

24 January, 2019

We previously reported here that a Geneva-seated UNCITRAL tribunal (the "Tribunal") constituted under the India-Germany Bilateral Investment Treaty dated 10 July 1995 (the "India-Germany BIT") found India in breach of its treaty obligations in relation to its cancellation of a… Read more

JAPAN AND HONG KONG AGREE ARBITRATION & MEDIATION COOPERATION

23 January, 2019

On 9 January 2019, Hong Kong's Department of Justice and the Ministry of Justice of Japan signed a Memorandum of Cooperation (MoC) to "strengthen collaboration on international arbitration and mediation". The MoC, a copy of which is available here, provides… Read more

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