Inside Arbitration: Issue #6 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insight about the markets and industries in which our clients operate, the publication offers personal perspectives of our international arbitration partners from across the globe. Read more

Join us in Singapore to celebrate 60 years of the NY Convention

Enforcement of arbitration awards in SE Asia This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly referred to as the “New York Convention”.  As one of the most successful international treaties of the 20th century, and a primary tool in the promotion of arbitration … Read more

Myanmar passes highly-anticipated new arbitration law

We understand that on 5 January 2016, the Arbitration Law (Union Law No. 5/2016) was adopted by the Myanmar Union Parliament.  The legislation builds upon the country's recent accession to the New York Convention [see our earlier blog post here] and signals a potentially significant development in boosting support for foreign investment and marking the … Read more

Developments in resolving cross-border disputes

With the increase of global commerce, it also becomes increasingly important to provide for effective and quick dispute resolution mechanisms across state borders. A number of developments in international law recognise this trend and seek to address it. These developments include: The inclusion of Investor-State Dispute Resolution mechanisms in the Trans-Pacific Partnership Agreement and the … Read more

Singapore High Court decides interim awards are enforceable

In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146, the Singapore High Court considered the enforceability of interim awards under the Singapore International Arbitration Act (the IAA).  This judgment provides a useful analysis of what constitutes an enforceable award in Singapore and helpfully clarifies that an … Read more

Myanmar and the European Union to enter into an investment protection agreement

In furtherance of its commitment to foreign investment and international arbitration, Myanmar has recently been involved in negotiations with the European Union (the EU) as a precursor to signing an investment protection agreement that, among other things, will recognise international arbitration as the preferred dispute resolution mechanism.   In addition to the enactment of the … Read more

Thailand, Towards an Arbitration-Friendlier Jurisdiction?

Over the past decade Thailand has faced criticism for its hostility toward arbitration, particularly in matters involving government agencies. In 2004, after the civil court upheld a highly-publicised arbitral award against the Rapid Transit Authority of Thailand of 6.2 billion baht (approximately USD 202,000,000), the Thai cabinet passed a resolution forbidding arbitration in concession agreements.¹ … Read more

South Korean Courts Twice Refuse to Enforce International Arbitral Awards

In our two previous blogs¹ on South Korea we commented on the opening of the Seoul International Dispute Resolution Centre and noted that this, together with the liberalisation of its legal market and the introduction of the Korean Commercial Arbitration Board’s (KCAB) International Arbitration Rules, meant that a new phase for international arbitration in South … Read more

Myanmar: New York Convention to come into force 15 July

As reported in an earlier post, on 16 April 2013 Myanmar deposited an instrument of accession with the Secretary-General of the United Nations, consenting to be bound by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). This is to report that the New York Convention will … Read more