Head of Herbert Smith Freehills’ Global Arbitration Practice, Paula Hodges QC, has officially begun her Presidency of the LCIA Court. Lauded by the legal directories as “brilliant” and the “most complete arbitration practitioner in London”, Paula has over 25 years’ experience advising clients in international disputes, particularly in the energy, telecommunications and technology sectors. Paula … Read more
Overview The New Zealand Arbitration Act 1996 was amended on 8 May 2019 with the aim of increasing New Zealand’s attractiveness as an arbitral hub by rectifying loopholes which surfaced in cases before various courts.[1] With this view, the key amendments clarify the procedure for challenging jurisdictional decisions and set aside procedures with regard … Read more
Two recent developments in the Singapore arbitration landscape are of interest. First, a written response from the Singapore Minister for Law confirms that the government is considering amending the International Arbitration Act (the “IAA”) to allow for appeals on errors of law on an opt-in basis. Second, a recent Singapore High Court decision confirms the … Read more
In an important and clarifying decision, the High Court of Australia has handed down its decision in Rinehart & Anor v Hancock Prospecting Pty Ltd & Ors.1 The decision is significant for the conduct of international arbitration in Australia because: the High Court held that the phrase “any dispute under this deed” in an arbitration clause … Read more
The English High Court’s decision in State A v Party B [2019] EWHC 799 (Comm), handed down in January 2019 but only recently published, concerned the court’s dismissal of an application to extend the time for bringing a jurisdictional challenge under section 67 of the Arbitration Act 1996 in circumstances where the challenge was 959 … Read more
On 29 March 2019, a series of amendments to Federal Law No. 382-FZ “On Arbitration (Arbitration Proceedings) in the Russian Federation” came into force. The amendments, which were predominantly introduced by Federal Law No. 531-FZ of 27 December 2018 (the “Amending Law“), are an attempt to address various issues that have arisen from the implementation … Read more
The English High Court (the Court) in Eleni Shipping Limited v Transgrain Shipping B.V. [2019] EWHC 910 (Comm) has reviewed an arbitral award, following an appeal on a point of law brought under s69 Arbitration Act 1996 (s69 AA 1996), and determined that the tribunal made an error of law. While the Court ultimately refused … Read more
The Dutch Government has recently published the final version of its model Bilateral Investment Treaty (the Model BIT). The key changes since the May 2018 Draft Model BIT (discussed in our blog post here) are addressed below. The Model BIT includes some practical guidance for investors as to how the requirement of “substantive business interests” … Read more
