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On 16 September 2022, the English Commercial Court delivered its judgment in EGF v HVF, HWG, TOM, DCK, HRY [2022] EWHC 2470 (Comm) in respect of a London-seated arbitration under UNCITRAL Rules, dismissing a challenge to a partial award. The challenge was made partly under section 68 of the English Arbitration Act 1996 (the “Act“). … Read more
A Hong Kong Court recently adopted a resoundingly pro-arbitration stance in a decision which emphasised the high thresholds of irregularity that would need to be established before an arbitration award can be set aside. In LY v HW, [2022] HKCFI 2267, the Court dismissed an application to set aside an award based on claims that … 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
By Brenda Horrigan, Chad Catterwell and Guillermo Garcia-Perrote. International arbitration is gaining ground across the South Pacific region. There are a wide range of benefits brought about by implementing an effective framework for international arbitration across the region, most prominently increased foreign investment opportunities and the economic advantages that brings. Presently, eight countries from the … Read more
In December 2017, South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act). The New Act The New Act incorporates the provisions of the UNCITRAL Model Law and further aligns the country’s national law with the New York Convention. The … Read more
On 17 October 2018, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) officially opened its doors to any parties looking to resolve their disputes through arbitration or mediation. The ADGMAC, based in Al Maqam Tower, Al Mayrah Island, offers parties a venue to hold their hearings in Abu Dhabi which is equipped with state-of-the-art technology … Read more
On July 3, 2018, Uruguay passed its International Commercial Arbitration Act after its upper house, the Chamber of Senators, signed off the draft in May.[1] A day later, it was Argentina’s turn.[2] These enactments mark the final step of a long awaited reform of the Argentinean and Uruguayan arbitration legislations, and finally place them on … Read more
Announced during Paris Arbitration Week, AfricArb held its launch event in Paris on 14 June 2018. Dr Gregory Travaini, Senior Associate in Herbert Smith Freehills’ Hong Kong office, and co-founder of AfricArb, reports. AfricArb is a non-profit organisation of young practitioners who share a common ambition to further the development of arbitration as an efficient … Read more
On 3 May 2018, HH Sheikh Khalifa bin Zayed Al Nahyan, the President of the United Arab Emirates, issued Federal Law No. 6 of 2018 promulgating the country’s much anticipated new Federal Arbitration Law (the “New Law“). The New Law, which is heavily based on the UNCITRAL Model Law on International Commercial Arbitration, will replace … Read more
