SECTION 1782 UPDATE: U.S. SECOND CIRCUIT COURT OF APPEALS RULES THAT U.S. DISCOVERY CANNOT BE USED IN AID OF INTERNATIONAL COMMERCIAL ARBITRATIONS, SPLITTING FROM FOURTH CIRCUIT

On 8 July 2020, the US Second Circuit Court of Appeals rejected the application of § 1782 “discovery” to aid international commercial arbitration in In Re Application of Hanwei Guo for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782 (2d Cir. Case No. 19-781, July 8, … Read more

2019 STATISTICS SHOW A “RECORD YEAR” FOR THE ICC

The ICC has recently published statistics for 2019, hailing it as a “record year”. 2019 saw a total of 869 cases registered (of which 851 were under the ICC Arbitration Rules). This is the second highest number of cases registered in the ICC’s history, with only 2016 having a larger caseload (966 cases). The statistics … Read more

COEXISTING WITH COVID-19: A CATALYST FOR PROGRESS IN INTERNATIONAL ARBITRATION?

As the Covid-19 pandemic continues, infection rates in many countries are starting to fall, and businesses and governments alike are seeking to establish a “new normal” recognising that the virus will be present in society for some time yet. Other countries still face climbing numbers and a peak yet to come. For all, the prospect … Read more

LAUNCH OF PROTOCOL ON ONLINE CASE MANAGEMENT IN INTERNATIONAL ARBITRATION, BY A CROSS-FIRM WORKING GROUP ESTABLISHED AND CHAIRED BY HSF

In recent years, international arbitration has been changing to keep pace with new technologies and the trend towards digital. This trend is further accelerating in the wake of COVID-19, and a crucial aspect of the transition to a fully online process in international arbitration lies in the use of robust and secure online case management … Read more

ENGLISH COURT OF APPEAL UPHOLDS STAY OF COURT PROCEEDINGS IN FAVOUR OF ARBITRATION, AS RELIEF UNDER THE COMPANIES ACT 2006 FELL WITHIN THE ARBITRATION AGREEMENT AND WAS ARBITRABLE

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

GOVERNMENT LAUNCHES PILOT SCHEME ON FACILITATION FOR PERSONS PARTICIPATING IN ARBITRAL PROCEEDINGS IN HONG KONG

On 29 June 2020, the Hong Kong Government launched a Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong. Under this Scheme, arbitrators, expert and factual witnesses, counsel, and parties to the arbitration (Eligible Persons) can participate in arbitral proceedings in Hong Kong as visitors without needing an employment visa, as … Read more