Rise in arbitration in the extractive industries

According to a recent report from think-tank Chatham House, arbitration cases have increased nearly fourfold between 2001 and 2010 in the mining sector, reflecting tensions among stakeholders which escalated with the commodity price boom. The rise in commodity prices increased… Read more

China’s highest court addresses CIETAC split

The Supreme People's Court of China (the SPC) has taken steps to bring consistency to decisions involving CIETAC, China's largest arbitral commission, and its breakaway sub-commissions in Shanghai and Shenzhen. (See our posts of 14 August 2012 and 12 July 2013 for… Read more

English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978

In The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had to consider whether to exercise its discretion under section 66 of the English Arbitration… Read more

When silence is golden: the High Court confirms the primacy of the “Dallah principle” and allows a party who has taken no part in arbitral proceedings to be given a full opportunity to challenge the tribunal’s jurisdiction at the enforcement of award stage

In The London Steam Ship Owners Mutual Insurance Association Ltd v. the Kingdom of Spain [2013] EWHC 2840 (Comm), the High Court concluded that the "Dallah principle", i.e. the principle that a person who denies being a party to an… Read more

The future of financial services arbitration

Recent years have seen rapid growth in the use of arbitration as a means of resolving disputes in the financial services sector, an area where English or New York court jurisdiction has traditionally been favoured by market participants.  This trend… Read more

Dispute Resolution in Africa – The Philosophy of Risk

Herbert Smith Freehills Partners Stéphane Brabant, John Ogilvie and Paula Hodges have published an article in the October issue of PLC Magazine entitled "Dispute Resolution in Africa - The Philosophy of Risk". The article examines the options for resolving disputes… Read more

Arbitration in Dubai and the UAE

As Middle Eastern companies and investment funds become more active in the global marketplace, international firms are increasingly investing in the region or entering into joint ventures with Middle Eastern partners.  Islamic finance is also becoming more prominent in the… Read more

CYAG event: “dos and don’ts” for arbitration counsel

On 13 September 2013, the China Young Arbitration Group, together with the Chartered Institute of Arbitrators' East Asia Chapter, organised a roundtable discussion on  "What counsel in international arbitration should do and not do - practical tips on how to… Read more

ISDA releases Arbitration Guide

On 9 September 2013, the International Swaps and Derivatives Association (ISDA) published its long-awaited Arbitration Guide. The Guide comprises an explanatory memorandum which provides an overview of arbitration, together with model arbitration clauses (and guidance notes) for use with the… 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 two decisions of the Delhi High Court – one which presents a novel interpretation of the Indian Arbitration Act while expanding the scope for court intervention… Read more