Arbitration Foundation of South Africa (AFSA) launches new arbitration rules for public consultation

    On Wednesday, 1 July 2020, the Arbitration Foundation of South Africa (AFSA), launched its new International Arbitration Rules for public comment. The international Drafting Committee was chaired by Professor Dr. Maxi Scherer and included other high profile individuals including Ndanga Kamau, Jennifer Kirby, Lise Bosman, Chiann Bao, Remy Gerbay and Jonathan Ripley-Evans (Director, HSF Johannesburg). … Read more

    ENGLISH COURT OF APPEAL UPHOLDS STAY OF COURT PROCEEDINGS IN FAVOUR OF ARBITRATION, AS RELIEF UNDER THE COMPANIES ACT 2006 FELL WITHIN THE ARBITRATION AGREEMENT AND WAS ARBITRABLE

    In Bridgehouse (Bradford No. 2) Ltd v BAE [2020] EWCA Civ 759, the English Court of Appeal upheld a stay of court proceedings in favour of arbitration under s9 of the English Arbitration Act 1996 (the “Arbitration Act”). The issue in dispute related to a company’s claim for relief under section 1028(3) of the Companies … Read more

    RUSSIAN MINISTRY OF JUSTICE CLARIFIES RUSSIAN ARBITRATION LEGISLATION UPON JOINT REQUEST OF HKIAC AND VIAC

    In February 2020, the Hong Kong International Arbitration Centre (the “HKIAC”) and the Vienna International Arbitration Centre (the “VIAC”) jointly applied to the Russian Ministry of Justice (the “MOJ”) and the Council for the Development of Arbitration at the MOJ (the “Council”) for clarification of certain “grey areas” of Russian Arbitration legislation (the “Joint Request“). … Read more

    The Kingdom of Tonga becomes 164th state to accede to the New York Convention

    On 12 June 2020, Tonga acceded to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention“). With this, Tonga becomes the 164th state party to the Convention, following the recent accession of Palau in March this year. Under Article XII (2), the Convention will come into force for Tonga on 10 … Read more

    A decade of emergencies in Stockholm

    The SCC Arbitration Institute was at the forefront of the development of emergency arbitration proceedings, which now constitute a permanent part of the international arbitration landscape. The end of 2019 marked a decade since the arbitral institution’s innovative rules amendment. In April this year, the SCC released a report analysing its emergency arbitration statistics, which … Read more

    JAPAN REFORMS LAWS AFFECTING FOREIGN LAWYERS: A WIN FOR JAPANESE COMPANIES

    On 20 May 2020, the House of Representatives in Japan passed a bill to expand the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers (外国弁護士による法律事務の取扱いに関する特別措置法) (the “2020 Gaiben law”). This is significant for two reasons. First, it allows foreign lawyers to act in a broader range of arbitrations. And second, … Read more