Arbitration laws

Court Support For Arbitration In South Africa: Knowing Where You Stand

In December 2017, South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act). The New Act The New Act incorporates the provisions of the UNCITRAL … Continue reading

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Filed under Africa, Arbitration laws, Court intervention, Interim relief, Procedures in arbitration, UNCITRAL Model Law

U.S. Supreme Court’s First Opinion of 2019: Kavanaugh Favours Arbitrators’ Power to Decide Arbitrability

The U.S. Supreme Court’s first opinion of 2019, written by recently appointed Justice Brett Kavanaugh, confirms the long-standing support of the Court for arbitrators to decide the issues of arbitrability of a dispute submitted to arbitration.  The unanimous ruling defends … Continue reading

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Filed under Arbitrability, Arbitration laws, Arbitration proceedings, The Americas

Hong Kong’s funding code published

As noted in our earlier post, Hong Kong published its long-awaited Code of Practice for Third Party Funding of Arbitration on 7 December 2018. Publication of the Code has removed the final hurdle to third party funding of Hong Kong … Continue reading

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Filed under Arbitration laws, Asia, Hong Kong & China, News, Uncategorized

Hong Kong funding law to take effect 1 February

Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong arbitrations will come fully into force on 1 February 2019. Similar amendments to … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Third Party Funding

Supreme People’s Court Issues Rules of Procedure for the China International Commercial Courts

On 1 July 2018, the Supreme People’s Court of China (SPC) promulgated Provisions on Several Issues Regarding the Establishment of International Commercial Courts (Fa Shi 2018 – No.11). We reported this major development here. The SPC has now released further … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Procedures in arbitration, Uncategorized

The threat of imprisonment for arbitrators in the UAE has been removed as Article 257 is amended

A decision by the federal government of the UAE to remove arbitrators from the scope of application of Article 257 of the UAE Penal Code has been welcomed by the arbitral community in the UAE and beyond. Federal Decree No. … Continue reading

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Filed under Arbitration laws, Arbitrators, Middle East

Facing cybersecurity head on: the arbitration community develops guidance on how to tackle this difficult issue

There is an emerging consensus among the arbitration community that parties, arbitral institutions and tribunals in individual arbitration matters must give greater attention to cybersecurity in order to minimise the risks of a successful attack. International arbitrations can involve parties … Continue reading

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Filed under Arbitration laws, Confidentiality, Cybersecurity

Arbitrating in the Kingdom of Saudi Arabia

Arbitration in the Kingdom of Saudi Arabia has been subject to material reform in recent years which has had a positive effect in the realm of dispute resolution. The new arbitration law, enacted by Royal Decree No. M/34 published in … Continue reading

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Filed under Arbitration laws, Enforcement, Middle East

Opening of the Abu Dhabi Global Market Arbitration Centre

On 17 October 2018, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) officially opened its doors to any parties looking to resolve their disputes through arbitration or mediation. The ADGMAC, based in Al Maqam Tower, Al Mayrah Island, offers parties … Continue reading

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Filed under Middle East, UNCITRAL Model Law

Indian Supreme Court rules that Indian courts have jurisdiction to hear an application to set aside an award issued in Malaysia

In its recent decision in Union of India v Hardy Exploration and Production (available here), the Supreme Court of India found that a contractual clause stipulating Kuala Lumpur as the ‘venue’ of arbitration did not amount to a choice of … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Arbitration proceedings, Challenges to awards, Court intervention, Enforcement, India