The King’s speech, which was delivered today (7 November 2023), confirmed that Parliament will consider the Law Commission’s recommendations for the reform of the Arbitration Act 1996 (the Act) in the forthcoming parliamentary session. Read more

The Hong Kong Court of First Instance has stayed tortious claims relating to “trademark squatting” commenced pursuant to an exclusive jurisdiction clause in favour of CIETAC arbitration in the PRC (Sesderma, S.L. v Seeky International Limited and Golong Co., Ltd [2023] HKCFI 1619). Read more

This week the Law Commission published a second Consultation Paper as part of its review of the English Arbitration Act (the Act). The Paper raises three issues for consultation: (1) how the proper law of the arbitration agreement should be determined under English law; (2) the procedure for jurisdictional challenges before the English court under … Read more

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was binding on the parties in circumstances where a pre-condition to the effectiveness of the contract had not been satisfied. In dismissing the application to set aside the arbitral award for … Read more

A recent judgment of the Queensland Court of Appeal provides a further example of the pro-enforcement stance adopted by Australian courts in relation to arbitration agreements. Read more

In NDK Ltd v HUO Holding Ltd and another [2022] EWHC 1682 (Comm), the English Commercial Court rejected a section 67 challenge brought by NDK in respect of an LCIA award which had granted an anti-suit injunction blocking proceedings commenced in the Cypriot courts. Read more

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

Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly litigation. … Read more