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Amendments to the Arbitration Ordinance, gazetted today, are the latest stage in the process to allow lawyers to charge based on success in an arbitration. The amendments, long-awaited by clients, passed Hong Kong’s legislative review quickly and without substantive amendment, demonstrating the strong support in the territory for these long-awaited changes. Hong Kong has enacted … Read more
In a recent post on our Litigation Notes Blog, HSF Partner Anna Pertoldi and Professional Support Consultant Maura McIntosh consider the Supreme Court decision in AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16, clarifying the approach a judge should adopt if asked to exercise the power to re-open their judgment or order at … Read more
On June 13, 2022, the U.S. Supreme Court unanimously ruled in ZF Automotive US, Inc. v. Luxshare, Ltd., 21-401, 2022 WL 2111355 (U.S. June 13, 2022) that U.S. discovery cannot be ordered under 28 USC § 1782 in aid of international commercial arbitration and investor-state arbitration. As explained in a previous post, § 1782 is … Read more
The Indian Supreme Court has directed the High Courts to decide within six months applications to appoint arbitrators that have been pending for over a year. While the judgment will help reduce a large backlog, it highlights the importance of designating an arbitral institution to oversee the case and appoint the arbitrators to avoid the … Read more
A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration proceedings. Takeaways The Court is not overly prescriptive in setting out the criteria for the grant of a subpoena, but this is not to be confused with the Court giving … Read more
Justin D’Agostino, our CEO and co-chair of the ERA Pledge Global Steering Committee, talks about his involvement with the Pledge and why he thinks it’s vital to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve fair representation. The video can be watched on the Arbitration Pledge … Read more
HSF’s Paris office will be hosting the LCIA European Users’ Council Breakfast Seminar – The Arbitration Act 1996 Review – on Tuesday 14 June 2022 at 8:30am (CEST). The Law Commission of England and Wales is in the process of conducting a review of the Arbitration Act 1996 to assess what recommendations (if any) should … Read more
Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly litigation. … Read more
The LCIA has published its Casework Report for 2021, its annual summary of its caseload and trends. It reported fewer new cases than in the record high year of 2020, in a return to caseload figures around pre-pandemic levels. The top three industry sectors of the LCIA’s caseload remain banking and finance, energy and resources … Read more
