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Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the “Act“). The stated aim of the review has been to ensure that the Act remains “best in class”: an approach based upon fine-tuning, rather than root and branch reform. Nonetheless, the consultation paper proposes some … Read more
On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and Mediation (LCAM) webinar on compulsory mediation in arbitration and litigation. The recent LCAM-HSF survey on attitudes to compulsory mediation sought respondents’ views on whether a form of compulsory mediation … Read more
In a recent decision, the Supreme Court of New South Wales held that ongoing arbitral proceedings did not prevent a party from calling upon a guarantee in relation to the primary contract. The key takeaways are as follows: A party will not, prima facie, be precluded from calling upon a guarantee for the sole reason … Read more
On 4 August 2022, the International Centre for Settlement of Investment Disputes (ICSID) released its latest Annual Report for FY2022. We discuss the report in our new blog piece, published on our Public International Law blog here. Read more
Further to its accession to the New York Convention in 2020 (discussed in our blog post here), Sierra Leone’s House of Parliament has approved a new arbitration law. The Arbitration Act 2022 bill was introduced to the House by the Deputy Minister of Justice, Hon. Umaru Napoleon Koroma on 2 August 2022. The legislation now awaits … Read more
A recent judgment of the Queensland Court of Appeal provides a further example of the pro-enforcement stance adopted by Australian courts in relation to arbitration agreements. Read more
A Hong Kong Court recently adopted a resoundingly pro-arbitration stance in a decision which emphasised the high thresholds of irregularity that would need to be established before an arbitration award can be set aside. In LY v HW, [2022] HKCFI 2267, the Court dismissed an application to set aside an award based on claims that … Read more
In NDK Ltd v HUO Holding Ltd and another [2022] EWHC 1682 (Comm), the English Commercial Court rejected a section 67 challenge brought by NDK in respect of an LCIA award which had granted an anti-suit injunction blocking proceedings commenced in the Cypriot courts. Read more
On 28 July 2022, the Law Commission of England and Wales published a consultation paper on the recognition and protection of digital assets. The consultation paper recommends law reform to recognise a third category of personal property – referred to as ‘data objects’ – in addition to things in possession (such as physical objects) and … Read more
