In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA 1555, the Court of Appeal considered whether an arbitration agreement was binding on the parties in circumstances where a pre-condition to the effectiveness of the contract had not been satisfied. In dismissing the application to set aside the arbitral award for … Read more

Lawyers can now offer success-based fee arrangements for work in Hong Kong on arbitrations and related proceedings. On 16 December 2022, Hong Kong enacted the outstanding sections of Part 10B Arbitration Ordinance, together with sub-legislation to regulate the new agreements. As a result, Hong Kong now boasts one of the world’s broadest legal success fee … Read more

In the case of RQP v ZYX, the English Court has issued a jam-packed judgment on three important issues. In dismissing RQP’s three applications, Mr Justice Butcher has provided guidance on the circumstances in which (i) an arbitrator’s decision will constitute an “award” which is capable of being challenged under the English Arbitration Act (the … Read more

The Supreme Court of Western Australia has confirmed that the appropriate test for determining whether there were any ‘justifiable doubts’ as to the independence or impartiality of an arbitrator, under the Commercial Arbitration Act 2012 (WA) (CAA)[1] is whether there is a ‘real danger of bias’. In making its decision, the Court largely applied and … Read more

Suriname has become the 171st State party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention). On 10 November 2022, Suriname deposited its instrument of accession to the Convention with the UN Secretary General. The Convention will enter into force for Suriname on 8 February 2023. Read more

In Power and Water Corporation v ENI Australia B.V [2022] WASC 376 the Supreme Court of Western Australia has provided clarification on the use of ‘urgent relief’ clauses, which permit parties to an arbitration agreement to obtain urgent relief from a court. Read more

With the crypto market enduring its most significant test to date, we explore how arbitration has become the industry’s go-to forum for solving complex disputes. Market volatility breeds disputes, and the ‘Crypto Winter’ is no exception. Crypto-related disputes are on the rise, and they can take many forms. From traditional disagreements about the meaning of … Read more

The Australian Centre for International Commercial Arbitration (ACICA) has released its report: ‘Reflections on the Last Decade of Activity at ACICA’, in celebration of 10 years since significant legislative reforms were made to increase the efficiency and effectiveness of arbitration in Australia. The report coincided with the 10th anniversary of the annual Australian Arbitration week … Read more