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This analysis was first published on Lexis®PSL on 29 October 2021 and can be found here (subscription required). Ivan Teselkin, partner, Maria Dolotova, of counsel, Alexander Gridasov, senior associate, and Sergei Eremin, senior associate, of Herbert Smith Freehills provide an overview of Russian court decisions on the impact of recent amendments to Russian law relating … Read more
In the recent case of AIG Europe SA and others v John Wood Group Plc and another [2021] EWHC 2567 (Comm), the High Court (the Court) maintained certain anti-suit injunctions granted in favour of a number of insurers who subscribed to various excess liability policies, two of which contained a valid arbitration clause. The Court … Read more
On 1 November 2021, a bill to permit Conditional Fee Arrangements (CFA) had its first reading in the Singapore Parliament. If the bill is passed, it will permit law firms and lawyers in Singapore to enter into CFAs with their clients in respect of certain types of disputes (whether relating to proceedings in Singapore or … Read more
On 27 October the Supreme Court handed down its much anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (see our blog post on the Supreme Court decision here for background to the decision). London-based Partner Craig Tevendale and Professional Support Lawyer Liz Kantor have authored a case analysis piece … Read more
The judgment of the Hong Kong District Court (“Court“) in Gurkhas Construction Ltd v Craft Façade Tech (Hong Kong) Co Ltd is the latest example of the Hong Kong judiciary’s willingness to give effect to an arbitration clause wherever possible. In this case, the Court granted a stay of proceedings in favour of arbitration on … Read more
The UK Supreme Court (the Court) has handed down its much-anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, unanimously dismissing Kabab-Ji SAL (Lebanon) (KJS)’s appeal. The decision to dismiss the appeal means that KJS cannot enforce a Paris-seated award granted in its favour by an arbitral tribunal against Kout … Read more
In NWA & FSA v NVF & others [2021] EWHC 2666 (Comm) the English High Court has declined to set aside an award on the basis of failure to mediate a dispute before referring it to arbitration. Consistent with its reasoning in Sierra Leone v SL Mining (see our blogpost on that case here), the … Read more
In Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd (High Court Civil Appeal No.: WA-12ANCC-45-04/2021), the High Court refused to award indemnity costs to a party who successfully obtained a stay of court proceedings under section 10 of the Arbitration Act 2005 (“Act“), on the basis of the conduct of the … Read more
The Supreme Court of India (the “Court“) has recently handed down a significant judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. & Ors. confirming that an award rendered by an emergency arbitrator (“EA“) in an arbitration seated in India is enforceable in the Indian courts. The Court’s judgment provides welcome clarity for … Read more
