WORKING GROUP ON CYBER SECURITY IN INTERNATIONAL ARBITRATION RELEASES 2020 EDITION OF CYBERSECURITY PROTOCOL

    Introduction A multi-organisational Working Group on Cybersecurity in International Arbitration has released the 2020 edition of its Cybersecurity Protocol for International Arbitration (the “Cybersecurity Protocol”). This edition reflects comments received by the ICCA-NYC Bar-CPR Working Group during a year-long consultation on the initial draft of the Cybersecurity Protocol (on which we commented here). The Cybersecurity … Read more

    ENGLISH COURT DISMISSES APPEAL ON POINT OF LAW AGAINST PARTIAL FINAL AWARD

    In the recent decision of Quiana Navigation SA v Pacific Gulf Shipping (Singapore) Pte Ltd (“The Caravos Liberty”) [2019] EWHC 3171 (Comm), available here, the English Commercial Court dismissed an appeal on a point of law in an arbitral award under s69 of the Arbitration Act 1996 (the “Act“). The partial final award which was … Read more

    CRAIG TEVENDALE EXPLORES TRENDS IN LIQUIFIED NATURAL GAS DISPUTES

    Craig Tevendale, Head of the Herbert Smith Freehills International Arbitration Group in London and UK Head of Energy, has produced a video with Thomson Reuters, exploring trends in liquified natural gas (LNG) disputes. The full video can be found here and is available to view without a subscription until 6 December 2019 (after that date … Read more

    English Commercial Court refuses to grant interim injunctive relief requiring a party to withdraw a claim in another jurisdiction

    In A v OOO “Insurance Company Chubb” and other companies [2019] EWHC 2729 (Comm), the English Commercial Court (the Court) refused, for various reasons, to consider an application for interim relief. The application sought an order requiring a party to withdraw a claim in the Russian courts and seek a stay of those proceedings. The … Read more

    HONG KONG COURT GRANTS INTERIM ANTI-SUIT INJUNCTION IN FAVOUR OF ARBITRATION TO RESTRAIN COURT PROCEEDINGS INVOLVING THIRD PARTY

    In GM1 and GM2 v KC [2019] HKCFI 2793, the Hong Kong Court of First Instance granted an interim anti-suit injunction restraining mainland Chinese court proceedings involving a third party, and clarified the jurisdiction basis for doing so. The decision reflects the long-standing pro-arbitration approach of the Hong Kong courts and confirms that arbitration clauses … Read more

    Update on the future of ISDS: latest Working Group III UNCITRAL discussions

    The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII“)​ has published its report (the “Report“) on the work conducted between 14 and 18 October 2019 during its 38th session. The Report provides details about the discussions around three issues in particular: (i) the establishment of an advisory … Read more

    High Court grants anti-suit injunction, having found that the parties to an insurance policy had agreed to arbitration despite a Service of Suit clause

    In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction against the defendant (Weyerhaeuser), having been satisfied to a high degree of probability that the parties had agreed to submit their dispute to London arbitration. The central question was one of contractual interpretation: … Read more

    European Commission issues procedural proposals for the Investment Court System envisaged under CETA

    In October 2019, the European Commission (the “Commission“) presented four proposals (the “Proposals“) to the Council of the European Union (the “Council“) with specific rules to establish the Investment Court System (“ICS“) envisaged under the EU-Canada Comprehensive Economic and Trade Agreement (“CETA“). If the Council and the EU Member States approve the Proposals, the EU … Read more

    Will Halliburton be the final word on apparent bias?

    Following the Supreme Court hearing in the Halliburton v Chubb case, Craig Tevendale of Herbert Smith Freehills in London considers the significance of the Supreme Court’s forthcoming judgment and whether the case will end the recent controversy on apparent bias. In a decision that whipped up a storm in the international arbitration community, the Court … Read more