The Law Commission’s Second Consultation Paper – an evolving approach

29 March, 2023
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

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

04 July, 2022
Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of a CIETAC award pending a challenge to the award at the seat of arbitration in Beijing.  The stay was granted in deference to the jurisdiction of the … Read more

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

07 June, 2022
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

WHICH COVID-19 COMMERCIAL RENT DISPUTE BODY SHOULD I USE? KEY TERMS COMPARED

10 May, 2022
The UK Government has introduced a new statutory scheme under the Commercial Rent (Coronavirus) Act 2022 (the 2022 Act) for the resolution of disputes between landlords and tenants in relation to rent arrears accrued during the pandemic. The background to the scheme and when it may be used is discussed in our earlier blog here. … Read more

HERBERT SMITH FREEHILLS LLP CONTRIBUTES TO LEXOLOGY GTDT 2022

01 March, 2022
Craig Tevendale, Vanessa Naish and Liz Kantor have contributed to the latest edition of Lexology’s Getting the Deal Through chapter on Arbitration in the United Kingdom. This quick reference guide enables a side-by-side comparison of local insights on arbitration in various jurisdictions, including on matters such as applicable laws, prominent arbitration institutions, constitution of the … Read more

ENGLISH COURT OF APPEAL DECIDES QUESTION OF LAW ARISING FROM APPLICATION TO DETERMINE PRELIMINARY POINT OF LAW UNDER S45 ARBITRATION ACT 1996

29 November, 2021
The English Court of Appeal (the Court) has recently decided a key question of shipping law in The Eternal Bliss [2021] EWCA Civ 1712, following an appeal from the decision of the High Court. The question arose last year before the High Court following the parties to an arbitration bringing an application under s45 Arbitration … Read more

MALAYSIA: 2020 INSTITUTIONAL CASELOAD STATISTICS SHOW CONTINUED PREFERENCE FOR AIAC, HKIAC, ICC AND SIAC ARBITRATION BY MALAYSIAN PARTIES

19 November, 2021
For the third consecutive year (see our previous updates here and here), we analyse publicly available institutional arbitration caseload statistics of various arbitral institutions around the world to understand the trend of Malaysian participation and usage of institutional arbitration. Our analysis of the numbers confirms a general preference by Malaysian parties for arbitrations conducted by … Read more

HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE: “WITNESSES AND WEBCAMS: THE PSYCHOLOGY OF WITNESS EVIDENCE IN A VIRTUAL WORLD

11 November, 2021
It is with great pleasure that we invite you to the annual Herbert Smith Freehills-SMU Asian Arbitration Lecture on Tuesday, 23 November 2021, 5.00pm (Singapore time). The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 and made possible by a term fund contribution by Herbert Smith Freehills. The objective of the Lecture Series … Read more