PERU APPROVES ARBITRATION REFORM ON DISPUTES INVOLVING STATE ENTITIES

On January 24, 2020, the Executive Branch of Peru approved the Emergency Decree No. 020-2020 (“Emergency Decree”), introducing amendments to the rules on international and domestic arbitration contained in Legislative Decree No. 1071 (“Peruvian Arbitration Law”). Interestingly, the modifications provided by the Emergency Decree only concern arbitration proceedings in which the State is involved as … Read more

CONSTRUCTION ARBITRATION PODCAST SERIES EPISODE 3: DOCUMENTS AND FACTUAL WITNESSES

Why are documents and factual witnesses so important in construction arbitrations? We are pleased to share the third episode in our Construction Arbitration podcast series, in which we discuss the importance of documents and factual witnesses in construction arbitrations. In this episode Craig Tevendale (Partner, UK Head of International Arbitration), Susan Field (Senior Associate, International … Read more

ARBITRATION OF CLIMATE CHANGE DISPUTES

On 28 November 2019, the International Chamber of Commerce Task Force on Arbitration of Climate Change Related Disputes released their Report on Resolving Climate Change Related Disputes through Arbitration and ADR  (“ICC Report“). The 66-page ICC Report explores existing and anticipated climate change-related  disputes and the benefits of using arbitration to resolve these. Over the … Read more

ENGLISH COURT REFUSES ANTI-SUIT INJUNCTION AGAINST NON-PARTY TO ARBITRATION AGREEMENT

In Evison Holdings Ltd v International Co Finvision Holdings, Orient Express Bank Public Joint Stock Company [2019] EWHC 3057 (Comm) the English Court dismissed an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, which was issued in support of LCIA arbitration proceedings. The anti-suit injunction was ordered based … Read more

HONG KONG COURT GRANTS INTERIM ANTI-SUIT INJUNCTION IN FAVOUR OF ARBITRATION TO RESTRAIN COURT PROCEEDINGS INVOLVING THIRD PARTY

In GM1 and GM2 v KC [2019] HKCFI 2793, the Hong Kong Court of First Instance granted an interim anti-suit injunction restraining mainland Chinese court proceedings involving a third party, and clarified the jurisdiction basis for doing so. The decision reflects the long-standing pro-arbitration approach of the Hong Kong courts and confirms that arbitration clauses … Read more

Construction Arbitration Podcast Series Episode 2: Experts

What are the key points to bear in mind when working with expert witnesses in construction arbitration proceedings? We are pleased to share the second episode in our Construction Arbitration podcast series, which discusses the engagement and use of experts and their roles in a construction arbitration. In this episode, we cover the types of … Read more

DISPUTE RESOLUTION CHOICES FOR BANKS AND FINANCIAL INSTITUTIONS IN A POST-BREXIT WORLD: OPTING FOR ARBITRATION?

Partner Andrew Cannon and Senior Associate Hannah Ambrose have authored an article for Butterworths Journal of International Banking and Financial Law, discussing the suitability of arbitration as a dispute resolution mechanism for banks and other financial institutions post-Brexit. The article explores the current uncertainty surrounding the enforcement of English court judgments post-Brexit, whilst comparing and … Read more

ENGLISH COURT DISMISSES S68 CHALLENGE TO PROCEDURAL ORDER

In K v S [2019] EWHC 2386 (Comm), the English Court (the Court) dismissed a challenge to a London Court of International Arbitration (LCIA) arbitral tribunal’s procedural order. The challenge was made on the grounds of serious irregularity under s68 of the Arbitration Act 1996 (the Act) but was dismissed for failing to satisfy any … Read more