In a decision dated 24 August 2018, the English Commercial Court (the “Court“) dismissed Dreymoor Fertilisers Overseas PTE Ltd’s (“Dreymoor“) application to continue an injunction preventing the enforcement of an order of a U.S. court granting discovery under section 1782 of the United States Code (the “Order“). The Order required one of Dreymoor’s employees to … Read more

Beny Steinmetz Group Resources ("BSGR"), a company based in Guernsey and accused of bribery in Guinea, has been denied permission by a Magistrate Judge of the Southern District Court of New York ("SDNY") to use certain confidential documents. These documents were produced in a lawsuit before the SDNY filed by Rio Tinto, and were sought … Read more

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers the decision of the Supreme Court of India in Bharat Aluminium, as well as the recent decisions of the Delhi High Court concerning non-disclosure of interests by arbitrators and the power of the court to re-examine evidence under section 34 of … Read more

An amended Civil Procedure Law of the People’s Republic of China (the “CPL“) （中华人民共和国民事诉讼法） comes into force on 1 January 2013 and introduces some important changes to the domestic and foreign relation arbitration regimes in China. These amendments include:  The introduction of direct applications to the PRC courts for pre-arbitration evidence and asset preservation for … Read more

On 9 May 2012, over a hundred people attended a seminar at Herbert Smith’s London offices.  One of the key topics was the role of privilege in international arbitration which was covered by London partner Chris Parker.  International arbitration differs from court litigation in this regard as the relevant rules of evidence are much more … Read more