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Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more
As part of its series of interviews of practitioners in international arbitration, The Arbitration Workshop has interviewed London-based Partner and Head of India Disputes Nick Peacock. In the interview, Nick outlines his thoughts on trends in commercial and investment arbitration arising out of Covid-19, the Model Bilateral Investment Treaty of India, the ICSID-UNCITRAL Draft Code … Read more
The Judiciary of England and Wales has published the minutes of the Commercial Court User Group Meeting that took place at the end of November 2020 (the “2020 Minutes”), providing updated information and statistics relating to challenges to arbitral awards under s68 Arbitration Act 1996 (the “Act”) and appeals on a point of law under … Read more
The Gujarat High Court (the “Court”) recently handed down a significant decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited, Arbitration Petition No. 131 and 134 of 2019, confirming that two Indian parties are permitted to choose a foreign seat of arbitration, and that the award from such an arbitration … Read more
On 23 December 2020, the Supreme People’s Court (“SPC”) of China released its bilingual 2019 Annual Report on Judicial Review of Arbitration Cases in China (the “Report”). It is the very first report issued by the SPC summarising the courts’ approach for judicial review of arbitration-related cases. The Report aims to promote the SPC’s efforts … Read more
The updated DIFC-LCIA Arbitration Rules 2021 (“2021 Rules”) entered into force from 1 January 2021. The amendments introduce changes intended to promote the fair, efficient, and expeditious conduct of arbitrations. In this update, we summarise the key features. Read more
The revised International Chamber of Commerce (ICC) 2021 Arbitration Rules have now come into force, applying to all ICC arbitrations commenced on or after 1 January 2021. The new rules are accompanied by a revised Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (dated 1 … Read more
Technology, media, and telecommunications (“TMT”) as an overarching sector has experienced sustained growth and turmoil for a number of years characterised by cross-border collaboration, expansion, consolidation and, of course, innovation. The sector (and in particular the telecommunications sector) remains a focus for direct investment and capital demands for the underlying infrastructure such as full fibre … Read more
Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue, we consider various court decisions which cover topics such as the limitation period for enforcement of foreign awards, the arbitrability of fraud, ‘patent illegality’ as a ground to set aside awards, and granting of interim directions against non-signatories to … Read more