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Please click here to preview this publication. To request a copy of the Guide, please email RussiaDisputeResolutionGuide@hsf.com. Our first Guide to Dispute Resolution and Governing Law in Russia provides a concise and accessible overview of some of the practical issues involving both litigation and arbitration across the region to help our clients understand the ways … Read more
Herbert Smith Freehills has launched the 8th edition of its guide, “Dispute resolution and governing law clauses for China-related commercial contracts”. Better known as “The Dragon Book“, this practical guide explains how Mainland Chinese law affects parties’ choice of law and dispute resolution in China-related contracts. Read more
The London Court of International Arbitration (LCIA) has announced changes to its rules which will come into force on 1 October 2020. The revisions to the LCIA Rules have been couched in terms of an ” update ” rather than a wholescale rewrite. Nonetheless, some changes of note have been made. The new Rules allow … Read more
On 27 and 28 July 2020, the Supreme Court heard an expedited appeal against a recent judgment of the Court of Appeal in Enka Insaat ve Sanayi AS v OOO Insurance Co Chubb [2020] EWCA Civ 574, which we discussed in one of our previous blog posts. The Supreme Court is asked to consider two … Read more
In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [CA Paris, 23 June 2020, n°17/22943], the Paris Court of Appeal refused to set aside an arbitral award handed down by an ICC Tribunal seated in Paris, although the same award had been denied enforcement and recognition in England on the basis that the award was … Read more
While commercial parties are generally free to select the law that governs their contracts, they must also ensure that they understand the law they selected, and can actually apply that law to the contract. In a CIETAC arbitral award published by CIETAC in its publication “Selection of Arbitration Cases Involving the Belt and Road Countries”, … Read more
Introduction In a decision dated 6 February 2020 (“Decision”), the German Federal Court of Justice (Bundesgerichtshof, “BGH”) confirmed the long-standing pro-arbitration friendly case law of German courts that the threshold of a valid arbitration agreement is low (BGH, 6.2.2020, I ZB 44/19). In this case it was held that the parties’ intentions to arbitrate could … Read more
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
On 10 June 2020, the Court of Appeal in Yeo Eng Lam v Infinity Vantage Sdn Bhd (Civil Appeal No. N-02(IM)(NCvC)-507-03/2018, Court of Appeal considered whether an express reservation of a right to refer a dispute to arbitration in a defence and counterclaim pleading was effective to preserve a right to elect to arbitrate a … Read more
