In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral proceedings in England, in relation to a dispute arising out of a bill of lading for cargo transported between South Australia and Queensland. The Court determined that the ‘mandatory jurisdiction’ provision of the … Read more

The Delhi High Court (the “Court“) in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce (“ICC“) which had directed Antrix Corporation Limited (“Antrix“) to pay damages of over US$ 560 million plus interest to Devas Multimedia Private Limited (“Devas“) (the “ICC Award“). This is the latest development … Read more

On 18 May 2022, an arbitral tribunal rendered its award in BSG Resources Limited (in Administration), BSG Resources (Guinea) Limited, BSG Resources (Guinea) Sàrl v Republic of Guinea (ICSID Case No. ARB/14/22) in favour of the Republic of Guinea (“Guinea“). Notably, in awarding costs, the tribunal treated as recoverable Guinea’s success fees under a private … Read more

Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly litigation. … Read more

The Hong Kong Court recently considered in G v X, GMCI, GMCC [2022] HKCFI 829 whether a freezing order granted in support of the enforcement of a CIETAC arbitral award ought to have been granted. The freezing order was opposed on the basis that there was material non-disclosure and that there was no good arguable … Read more

As noted in our previous blog post here, in March 2021, Iraq passed the “Law on the Accession of the Republic of Iraq to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards“. Iraq’s accession to the New York Convention was subsequently ratified in May 2021 when that law was published … Read more

We are very proud to announce that London-based arbitration partner Chris Parker has been appointed Queen’s Counsel (QC) in England and Wales. Chris will be the third QC currently practising at Herbert Smith Freehills. He joins a prestigious line of QC talent from Herbert Smith Freehills over the years, including The Right Honourable The Lord … Read more

The International Centre for Settlement of Investment Disputes (“ICSID“) recently published its Annual Report for FY2021 (available here), concluding a financial year with multiple record achievements amid the Covid-19 pandemic, including a record number of cases registered and the largest number of cases ever administered at ICSID in a single fiscal year. As ICSID optimises … Read more