A leading arbitration lawyer has called for arbitral institutions to be proactive in tackling Environmental, Social and Governance (ESG) issues in a keynote lecture held in Edinburgh. Justin D’Agostino MH, Chief Executive Officer of Herbert Smith Freehills, is visiting Edinburgh as part of the inaugural Edinburgh International Arbitration Festival (ArbFest2023), currently underway in the city. … Read more

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of Mozambique (Mozambique)’s claims for, among other things, bribery, conspiracy and dishonest assistance against the defendants to be “matters” which fall outside the scope of the arbitration agreements in a number of related … Read more

In Viking Trading OU v Louis Dreyfus Suisse SA [2023] EWHC 2160 (Comm) the English Commercial Court clarified its discretionary power to grant costs of defending a s69 application under the English Act (Act) for permission to appeal an arbitral award, even if costs were not initially sought. This decision provides helpful guidance on best … Read more

Foreign states will no longer be immune from suit or execution in Hong Kong in respect of commercial activities, with effect from 1 January 2024. Hong Kong follows the same approach to foreign state immunity as the PRC, as confirmed in the well-known Congo case in 2011.  The PRC has previously adopted the “absolute” doctrine … Read more

Our Global Head of Arbitration Paula Hodges KC will be speaking at the ICC UK Annual Arbitration & ADR Conference: Promoting the Rule of Law on 5 October 2023, the second day of the conference. Paula will be joining the panel discussing “The Future of International Arbitration”.     Date and Time: Thursday, 5 October … Read more

In SQD v QYP [2023] EWHC 2145 (Comm), the English Commercial Court refused to issue an anti-suit injunction (ASI) and anti-enforcement injunction to stop proceedings commenced by a claimant in its home country in breach of an arbitration agreement. The court reasoned that such an injunction would be inconsistent with the French courts’ approach to … Read more

The Law Commission today published its much anticipated Final Report on the English Arbitration Act (the Act), accompanied by a draft Bill. Although the Law Commission has emphasised that “root and branch reform is not needed or wanted“, the report nonetheless makes several significant recommendations for change and proposes other more minor amendments. The main … Read more

On August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency arbitration (EA) to its domestic Arbitration Rules, through the inclusion of a new article 21 bis and a new Title IX (EA Regulation).  The EA Regulation will enter into force on September 1, … Read more