COEXISTING WITH COVID-19: A CATALYST FOR PROGRESS IN INTERNATIONAL ARBITRATION?

    As the Covid-19 pandemic continues, infection rates in many countries are starting to fall, and businesses and governments alike are seeking to establish a “new normal” recognising that the virus will be present in society for some time yet. Other countries still face climbing numbers and a peak yet to come. For all, the prospect … Read more

    ANNULMENT OF AL KHARAFI V. LIBYA ARBITRAL AWARD BY CAIRO COURT OF APPEAL

    On 3 June 2020, the Cairo Court of Appeal set aside a US$ 1 billion investment treaty award arising out of a dispute between a Kuwaiti construction company and the State of Libya, in relation to a license for a tourist development project in Tripoli, Libya. The award was issued under the Unified Agreement for … Read more

    GERMAN COURT CONFIRMS THRESHOLD FOR VALIDITY OF ARBITRATION AGREEMENTS

    Introduction In a decision dated 6 February 2020 (“Decision”), the German Federal Court of Justice (Bundesgerichtshof, “BGH”) confirmed the long-standing pro-arbitration friendly case law of German courts that the threshold of a valid arbitration agreement is low (BGH, 6.2.2020, I ZB 44/19). In this case it was held that the parties’ intentions to arbitrate could … Read more

    LAUNCH OF PROTOCOL ON ONLINE CASE MANAGEMENT IN INTERNATIONAL ARBITRATION, BY A CROSS-FIRM WORKING GROUP ESTABLISHED AND CHAIRED BY HSF

    In recent years, international arbitration has been changing to keep pace with new technologies and the trend towards digital. This trend is further accelerating in the wake of COVID-19, and a crucial aspect of the transition to a fully online process in international arbitration lies in the use of robust and secure online case management … Read more

    Arbitration Foundation of South Africa (AFSA) launches new arbitration rules for public consultation

    On Wednesday, 1 July 2020, the Arbitration Foundation of South Africa (AFSA), launched its new International Arbitration Rules for public comment. The international Drafting Committee was chaired by Professor Dr. Maxi Scherer and included other high profile individuals including Ndanga Kamau, Jennifer Kirby, Lise Bosman, Chiann Bao, Remy Gerbay and Jonathan Ripley-Evans (Director, HSF Johannesburg). … Read more