INDIAN SUPREME COURT REVERSES RECENT JUDGMENT AND HOLDS THAT (ALLEGEDLY) UNSTAMPED OR INADEQUATELY STAMPED ARBITRATION AGREEMENTS CANNOT HOLD UP APPOINTMENT OF ARBITRATORS OR PREVENT PARTIES FROM BEING REFERRED TO ARBITRATION

In a welcome decision for commercial parties, the Supreme Court has overruled its own controversial decision from earlier in 2023. The Court held that unstamped or inadequately stamped arbitration agreements are not void or void ab initio or unenforceable. Objections as to stamping are not to be determined by courts in proceedings to refer parties … Read more

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

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

SIERRA LEONE PARLIAMENT APPROVES NEW ARBITRATION LEGISLATION

Further to its accession to the New York Convention in 2020 (discussed in our blog post here), Sierra Leone’s House of Parliament has approved a new arbitration law. The Arbitration Act 2022 bill was introduced to the House by the Deputy Minister of Justice, Hon. Umaru Napoleon Koroma on 2 August 2022. The legislation now awaits … Read more

Hong Kong one step closer to arbitration success fees

Amendments to the Arbitration Ordinance, gazetted today, are the latest stage in the process to allow lawyers to charge based on success in an arbitration. The amendments, long-awaited by clients, passed Hong Kong’s legislative review quickly and without substantive amendment, demonstrating the strong support in the territory for these long-awaited changes. Hong Kong has enacted … Read more

Indian Supreme Court orders arbitrator backlog to be cleared

The Indian Supreme Court has directed the High Courts to decide within six months applications to appoint arbitrators that have been pending for over a year.  While the judgment will help reduce a large backlog, it highlights the importance of designating an arbitral institution to oversee the case and appoint the arbitrators to avoid the … Read more

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

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

Hong Kong gazettes success fee Bill

Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, the Bill passes into law later this year, it will allow lawyers in and outside Hong Kong to agree fees based on their clients’ success in the arbitration. This is a … Read more