INSIDE ARBITRATION ISSUE 16: PERSPECTIVES ON CROSS-BORDER DISPUTES – 29 September 2023

We are delighted to share with you Issue 16 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice. This edition highlights the vast global and industry span of arbitration as we explore the big-picture trends and regional developments defining the world of high-stakes dispute resolution. In addition to looking at recent arbitration news and … Read more

HSF CEO CALLS FOR ARBITRAL INSTITUTIONS TO CONFRONT NEW ESG LANDSCAPE

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

UK Supreme Court interprets the “stay” provisions of s9 of the Arbitration Act 1996: rules Mozambique’s claims fall outside scope of arbitration agreements and rejects s9 application for stay

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

ENGLISH COURT RETAINS POWER TO AWARD COSTS AFTER ARBITRATION CHALLENGE DISMISSED

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

ICC UK Annual Arbitration & ADR Conference: Promoting the Rule of Law

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

Law Commission publishes Final Report and draft Bill for amendments to the English Arbitration Act

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

New Rules for Emergency Arbitration in Chile

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