Bringing Fraud Claims under an Arbitration Agreement

Partner, Simon Bushell, has published an article entitled “Bringing Fraud Claims under an Arbitration Agreement – Does the Arbitral Process Pack Enough Punch?” in the Austrian Yearbook on International Arbitration 2012. The article considers the particular challenges faced by a party seeking to arbitrate a fraud claim and how well suited the arbitral process is … Read more

ICSID Tribunal discusses hierarchy between EU law and ECT in Electrabel case

Hungary has recently seen claims brought against it by a Belgian investor for breaches of the Energy Charter Treaty (ECT) dismissed in the case of Electrabel S.A. v the Republic of Hungary (ICSID Case No. Arb/07/19). The tribunal clarified the relationship between EU law and the ECT with respect to States having ratified the ECT prior … Read more

Global Arbitration Highlights of 2012 – a round the world tour of key developments

On Tuesday 11 December, Herbert Smith Freehills held a successful evening seminar, focussing on the global arbitration highlights of 2012 and looking ahead to the key milestones and events of 2013. Similar events are being held in other offices around the global network including Shanghai, Paris, Singapore and Hong Kong. The evening was chaired by … Read more

The Revised Brussels Regulation: Are we back to where we started?

On 10 December, the Council of EU Justice Ministers voted to adopt the revision of Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, otherwise known as the Brussels Regulation. Because the Council voted to accept the draft without any amendment, there is no need for a … Read more

Colombia withdraws from ICJ over Nicaragua v Colombia ruling

On 19 November 2012, the principal judicial organ of the United Nations, the International Court of Justice (the “ICJ“), ruled that Colombia has sovereignty over seven disputed islands in the western Caribbean but granted Nicaragua control of a large amount of the surrounding waters and seabed. It was hoped that the decision of the court … Read more

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers the decision of the Supreme Court of India in Bharat Aluminium, as well as the recent decisions of the Delhi High Court concerning non-disclosure of interests by arbitrators and the power of the court to re-examine evidence under section 34 of … Read more