Update: Singapore extends third-party funding framework to domestic arbitrations and SICC proceedings

From 28 June 2021, Singapore will permit third-party funding of domestic arbitration proceedings, proceedings in the Singapore International Commercial Court (SICC) and related mediation proceedings. Before this, Singapore permitted third-party funding for international arbitration proceedings and related court and mediation proceedings only (as reported in our blog post of January 2017). In making these changes, … Read more

KEY JUDGMENT ON ARBITRATION CLAUSES AFFECTING THOUSANDS OF COMMERCIAL CONTRACTS

Herbert Smith Freehills has secured an important victory in Hong Kong proceedings with far-reaching consequences for arbitration disputes around the world. Many commercial contracts contain “escalation clauses” requiring parties to take certain steps before formal arbitration begins – such as a requirement to “negotiate in good faith” before starting arbitration. Previously, failure to comply with … Read more

Hong Kong enacts Supplemental Arrangement in full

In a previous post, we reported the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which was concluded on 27 November 2020. The Supplemental Arrangement was a welcome development that clarified and removed certain restrictions in the mutual enforcement regime between Hong Kong and Mainland … Read more

Australian Court clarifies approach to scope and arbitrability of ambiguous arbitration agreements

A recent judgment of the Supreme Court of Queensland is a useful reminder of the willingness of Australian Courts to enforce broadly drafted arbitration agreements. The judgment also demonstrates the expansive view taken by Australian Courts with respect to arbitrating non-contractual claims. Whereas often in such cases the issue relates to whether the arbitration agreement … Read more

Herbert Smith Freehills to participate in London International Disputes Week

London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. With its theme: “Looking forward: change, challenge and opportunity”, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The programme draws … Read more

UPCOMING WEBINAR: MEDIATION IN ARBITRATION

On Thursday 18 March 2021 at 10.45 am (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on Mediation in Arbitration. The recent Mediation in Arbitration Survey conducted jointly by Herbert Smith Freehills and LCAM highlighted the impressive settlement rates for mediation of … Read more

MEDIATION IN ARBITRATION PODCAST: THE PROFILE OF MEDIATION IN ARBITRATION

We are pleased to share this Mediation in Arbitration podcast, in which Craig Tevendale, Chris Parker and Rebecca Warder discuss the results of the Herbert Smith Freehills and London Chamber of Arbitration and Mediation (LCAM) Mediation in Arbitration Survey. The podcast also covers potential barriers to mediation in international arbitration, how these might be overcome and … Read more