CODE IS NOT LAW — ARBITRATION’S CRITICAL ROLE IN RESOLVING CRYPTO DISPUTES

With the crypto market enduring its most significant test to date, we explore how arbitration has become the industry’s go-to forum for solving complex disputes. Market volatility breeds disputes, and the ‘Crypto Winter’ is no exception. Crypto-related disputes are on the rise, and they can take many forms. From traditional disagreements about the meaning of … Read more

English Commercial Court dismisses s68 challenge but observes that the arbitrators exceeded their powers in granting interim relief in the form of an award

On 16 September 2022, the English Commercial Court delivered its judgment in EGF v HVF, HWG, TOM, DCK, HRY [2022] EWHC 2470 (Comm) in respect of a London-seated arbitration under UNCITRAL Rules, dismissing a challenge to a partial award. The challenge was made partly under section 68 of the English Arbitration Act 1996 (the “Act“). … Read more

SIERRA LEONE PARLIAMENT APPROVES NEW ARBITRATION LEGISLATION

Further to its accession to the New York Convention in 2020 (discussed in our blog post here), Sierra Leone’s House of Parliament has approved a new arbitration law. The Arbitration Act 2022 bill was introduced to the House by the Deputy Minister of Justice, Hon. Umaru Napoleon Koroma on 2 August 2022. The legislation now awaits … Read more

Hong Kong Court Clarifies Threshold for Setting Aside Awards

A Hong Kong Court recently adopted a resoundingly pro-arbitration stance in a decision which emphasised the high thresholds of irregularity that would need to be established before an arbitration award can be set aside. In LY v HW, [2022] HKCFI 2267, the Court dismissed an application to set aside an award based on claims that … Read more

Landmark ruling of Germany’s Constitutional Court: Arbitration Clause Violates Access to Justice

In a long-awaited landmark ruling in a case concerning the German ice-skating champion Claudia Pechstein, the German Federal Constitutional Court (Bundesverfassungsgericht) has found that the mandatory arbitration clause of the Court of Arbitration for Sport (“CAS“) violated the athlete’s constitutional right of access to justice pursuant to Art. 2(1) in conjunction with Art. 20(3) of … Read more

INSIDE ARBITRATION ISSUE #14 PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to issue 14 of Inside Arbitration. We are delighted to share with you the latest interactive issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Despite signs of post-Covid recovery, the invasion of Ukraine has had global ramifications, exacerbating the already challenging cost-of-living crisis, with soaring inflation as energy, food and consumer … Read more