THE NEW DIFC-LCIA ARBITRATION RULES 2021 – KEY FEATURES

The updated DIFC-LCIA Arbitration Rules 2021 (“2021 Rules”) entered into force from 1 January 2021. The amendments introduce changes intended to promote the fair, efficient, and expeditious conduct of arbitrations. In this update, we summarise the key features. Read more

2020 SURVEY OF TMT SECTOR INVESTOR-STATE ARBITRATION

Technology, media, and telecommunications (“TMT”) as an overarching sector has experienced sustained growth and turmoil for a number of years characterised by cross-border collaboration, expansion, consolidation and, of course, innovation. The sector (and in particular the telecommunications sector) remains a focus for direct investment and capital demands for the underlying infrastructure such as full fibre … Read more

DIFC COURT GRANTS FIRST EVER ANTI-SUIT INJUNCTION IN RESPECT OF “ON-SHORE” DUBAI COURT PROCEEDINGS

For the first time, the Courts of the Dubai International Financial Centre (“DIFC”) have issued an anti-suit injunction in favour of a party to pending DIFC-LCIA arbitration proceedings restraining the Defendant from pursuing litigation proceedings in the “onshore” Dubai courts (the local courts outside the economic free zones within the Emirate of Dubai). The decision … Read more

ENGLISH HIGH COURT DETERMINES ISSUE OF LAW ARISING IN THE COURSE OF ARBITRAL PROCEEDINGS AT REQUEST OF PARTIES UNDER S45 ARBITRATION ACT 1996

In the recent decision in The Eternal Bliss [2020] EWHC 2327 (Comm), the English High Court (the “Court”) determined a point of law regarding liquidated damages in the context of a standard form shipping contract. This followed the referral to the Court by the parties under s45 Arbitration Act 1996 (the “Act”) of two questions … Read more

STATE-OF-THE-ART HEARING FACILITY IN TOKYO OFFICIALLY LAUNCHES

On 12 October 2020 the new Tokyo hearing facility of the Japan International Dispute Resolution Centre (JIDRC) officially launched. The opening ceremony for the purpose built, state-of-the-art facility – held in person at its premises in central Tokyo and joined virtually by participants from around the world – represents a key milestone in Japan’s quest … Read more

PODCAST: ICC RULES 2021 – WHAT YOU NEED TO KNOW

Following the release of the ICC’s new 2021 Arbitration Rules in draft on 9 October 2020, Craig Tevendale (Partner and UK Head of International Arbitration), Thierry Tomasi (Partner) and Vanessa Naish (Professional Support Consultant) have recorded a podcast discussing the top 5 changes to be aware of in the new Rules, being: Amendments to the … Read more

THE NEW ICC RULES 2021: WHAT YOU NEED TO KNOW

The International Chamber of Commerce (ICC) has released its 2021 Arbitration Rules in draft (the 2021 Rules). This is a “soft launch” with the current text still subject to editorial changes prior to their formal release in December. The 2021 Rules will come into force on 1 January 2021. Read more

ENGLISH COURT BLOCKS PARTY’S ATTEMPT TO ADVANCE NEW ARGUMENTS IN RESPECT OF POINT ALREADY DECIDED IN PRELIMINARY ISSUE

In the recent decision of Daewoo Shipbuilding and Marine Engineering Company Limited v Songa Offshore Equinox Ltd [2020] EWHC 2353 (TCC), the English Technology and Construction Court (the “Court”) dismissed an application seeking permission to appeal two arbitral awards on identical terms under s69 of the Arbitration Act 1996 (the “Act”) and to set aside … Read more