In Mount Wellington Mine Ltd v Renewable Energy Co-Operative Ltd [2021] EWHC 1486 (Ch), the English High Court considered a challenge to the jurisdiction of an arbitrator under s. 67 of the Arbitration Act 1996 (the Act). The Claimant, a landlord, sought to challenge an arbitral award which upheld the jurisdiction of the arbitrator in … Read more

On 15 June 2021, the International Centre for the Settlement of Investment Disputes released its latest working paper as part of its Rules Amendment Project. In addition to proposing changes to the ICSID Convention and ICSID Additional Facility arbitration and conciliation, as covered in our earlier blog post, Working Paper 5 also refines the proposed … Read more

Tokyo Partner Craig Shepherd, together with Singapore Of Counsel Daniel Waldek and Associate Mitchell Dearness, have contributed to GAR’s ‘The Asia Pacific Arbitration Review 2022′ with a section on construction and infrastructure arbitration in Asia Pacific. The authors consider the potential impacts of Covid-19 disruption and the transition to green energy on construction disputes in … Read more

Welcome to the twelfth issue of Inside Arbitration We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. Uncertainty has been the watchword of 2021 so far. As the Covid-19 pandemic continues to impact our work and personal lives many questions remain about … Read more

In an appellate judgment, the Full Court of the Federal Court of Australia has ruled that a foreign arbitral award is not enforceable because the arbitral tribunal was not constituted strictly in accordance with the parties’ arbitration agreement. Notably, the decision also considers the courts’ discretion to enforce an award even where a party establishes … Read more

The International Council for Commercial Arbitration (ICCA) has recently released Guidelines on Standards of Practice in International Arbitration (Guidelines), which set out minimum standards of civility within the international arbitration community.  The Guidelines were prepared by the ICCA Task Force on Standards of Practice in International Arbitration (Task Force), which was co-chaired by Abby Cohen … Read more

The new Arbitration Foundation of Southern Africa (AFSA) International Arbitration Rules (the Rules) came into force on 1 June 2021, applying to all international arbitrations commenced at AFSA on or after that date. Read more

Investment protection regimes are at a crossroads globally. Different governments, trading blocks and interest groups are pushing their policy agendas in diverging directions when it comes to bilateral and multilateral investment protection schemes. Australia is no exception to this debate. In this note we canvass some of the key developments in the investment treaty arbitration … Read more