The London Court of International Arbitration (the LCIA) has released its Casework Report for 2020. The statistics in the Report show an “exceptional year” and a continuing picture of growth for the institution. The statistics also show a gradual “internationalisation” of the LCIA’s caseload while also demonstrating the institution’s long-standing commitment towards improving the diversity … Read more

In Low Koh Hwa @ Low Kok Hwa (practising as sole Chartered Architect at Low & Associates) v Persatuan Kanak-Kanak Spastik Selangor & Wilayah Persekutuan and another case (Originating Summons Nos. BA-24C(ARB)-4-05/2020 and BA-24C-87-09/2020), the High Court allowed an application to set aside an award on the basis that (i) arbitrator apparent bias resulted in … Read more

In Newcastle United Football Company Limited v The Football Association Premier League Limited [2021] EWHC 349 (Comm), the English Commercial Court dismissed an application to remove an arbitrator under s24 of the Arbitration Act 1996 (the Act). In doing so, it provided valuable insight into how the principles on arbitrator bias set out in Halliburton … Read more

The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2020 (available here) showing a record number of new cases. While the figures confirm that the Covid-19 pandemic has not so far significantly affected the nature of those disputes, other changes – such as a shift to virtual hearings – are … Read more

The UK Supreme Court has handed down its judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which is the most significant decision on English arbitration law in nearly a decade. The Halliburton judgment is now the leading English law case on arbitrator conflicts. Importantly, the decision has clarified how apparent … Read more

In a little heralded development, the Government of India passed the Arbitration and Conciliation (Amendment) Ordinance 2020 (the “Ordinance”) on 4 November 2020 to amend the Indian Arbitration and Conciliation Act 1996 (the “Act”) with immediate effect. The Ordinance introduces provisions to stay the enforcement of arbitral awards tainted by fraud, and deletes certain provisions … Read more

Hong Kong’s District Court has refused to grant an injunction to restrain an arbitrator from acting in an arbitration, on the grounds that there was already another identical application before the court scheduled for hearing and that there was no urgency for granting an “interim-interim” injunction. Read more

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