ISDA Arbitration Guide – one year on

One year on since the International Swaps and Derivatives Association ("ISDA") published its 2013 Arbitration Guide, the ISDA Arbitration Committee recently met in London to discuss the reception to the Guide, and to consider any proposals for amendment or expansion.… Read more

BAC’s new Arbitration Rules to come into force on 1 April 2015

After two years of drafting and consultation, Beijing Arbitration Commission (“BAC”) published revised Arbitration Rules on 4 December 2014. The revised Arbitration Rules, which replace the 2008 Rules, will come into force on 1 April 2015 (the “2015 Rules”). The… Read more

Castel seeking to enforce arbitral award in China

Following the Full Federal Court of Australia’s refusal to set aside an arbitral award in favour of Castel in July this year, Castel has sought to enforce the award against TCL in China. Castel’s enforcement proceedings have not resulted in a… Read more

Australia and China conclude free trade agreement

On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade agreement that has been under negotiation since April 2005. The agreement will now be prepared in… Read more

Going global: CIETAC introduces new Arbitration Rules 2015

The China International Economic and Trade Arbitration Commission (CIETAC) has recently published its revised Arbitration Rules, which come into force on 1 January 2015. The 2015 Rules are available on CIETAC's website. According to the Secretary General of CIETAC, the… Read more

CMAC opens its Hong Kong Arbitration Centre

The China Maritime Arbitration Commission (CMAC) inaugurated its Hong Kong Arbitration Centre on 19 November 2014, its first centre outside Mainland China. The inauguration ceremony was coupled with an international maritime arbitration seminar, to discuss latest trends in maritime arbitration… Read more

The future of investor-state arbitration

We live in interesting times for investment arbitration. There is wider public engagement with investment protection than there has ever been, prompted by the European Commission's public consultation on the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU… Read more

China sued by South Korean property developer at ICSID

This week, a South Korean property developer ("Ansung") became the second ever investor to request ICSID arbitration against the People's Republic of China ("PRC") (Ansung Housing Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/14/25)). Little is known… Read more

International Arbitration Internship: Application Now Open

Herbert Smith Freehills is now accepting applications for the next internship in our international arbitration team in London. The programme offers aspiring arbitration lawyers a chance to work closely with one of the world's leading specialist arbitration groups. The paid… Read more

Developments in resolving cross-border disputes

With the increase of global commerce, it also becomes increasingly important to provide for effective and quick dispute resolution mechanisms across state borders. A number of developments in international law recognise this trend and seek to address it. These developments… Read more

The Chronicles of Insigma: the Latest Instalment

Alstom v Insigma, the (in)famous SIAC arbitration administered under ICC rules, was recently up for yet another round of judicial sparring following years of proceedings in several fora, which left Alstom Technology Limited ("Alstom") with a HK$261 million award but… Read more

Iran wins its first investor-state case

The Islamic Republic of Iran has won its first ever investor-state arbitration in a decision against Turkish mobile phone company, Turkcell. The tribunal concluded that Turkcell was not a qualified investor under the Iran-Turkey bilateral investment treaty (BIT) given that… Read more