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The Hong Kong International Arbitration Centre (HKIAC) and Cortex Capital have launched a collaboration called ‘The Usual Suspects Project’ with the support of a number of organisations including Herbert Smith Freehills. The project examines the decision-making process behind the selection of party-appointed arbitrators. The project will also reveal how factors such as diversity are considered … Read more
The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of arbitrators is the ‘real danger of bias’ test, rather than the lower threshold of the ‘reasonable apprehension of bias’ test applicable at common law. Read more
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
Justin D’Agostino, our CEO and co-chair of the ERA Pledge Global Steering Committee, talks about his involvement with the Pledge and why he thinks it’s vital to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve fair representation. The video can be watched on the Arbitration Pledge … Read more
HSF Senior Associate Vincent Bouvard has authored an article for LexisPSL on the recent decision of the International Chamber of the Paris Court of Appeal in Rio Tinto France and Rio Tinto Alcan Inc v SAS Alteo Gardanne on arbitrators’ independence and impartiality. The article can be found here. This analysis was first published on Lexis®PSL … Read more
Independent arbitration institution Delos has created a free, open access database of arbitrators, in a bid to increase the pool of arbitrators and foster diversity in appointments. The database is open to all at no cost, and any arbitrator can post a profile – no previous appointments are required. Arbitrators can choose the information they … Read more
Head of HSF’s Global Arbitration Practice and President of the London Court of International Arbitration (LCIA) Court, Paula Hodges QC, will be taking part in the joint Vietnam Academy for Arbitration-CIArb Vietnam Chapter roundtable discussion on “Institutional Reforms – Transforming International Arbitration“, taking place on Wednesday 8 September 2021. Read more
In the recent decision in Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm) the English High Court (the “Court“) considered a rare application under s32 Arbitration Act 1996 (the “Act“) to determine a preliminary point of jurisdiction in circumstances where the arbitration clause was unclear on … Read more
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
