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Paula Hodges QC, Head of Herbert Smith Freehills’ Global Arbitration Practice, has been appointed President of the LCIA Court

Head of Herbert Smith Freehills’ Global Arbitration Practice, Paula Hodges QC has been appointed President of the London Court of International Arbitration (LCIA) Court, effective May 2019. Paula has headed Herbert Smith Freehills’ global arbitration practice since 2008 and has … Continue reading

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Filed under Europe, Institutions, News

Recent Developments in India-related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the applicability of the Arbitration Amendment Act 2015, binding non-signatories to an award, … Continue reading

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Filed under Arbitrability, Arbitration laws, Arbitration proceedings, Asia, Global Pound Conference, India, Institutions, Investment Arbitration, ISDS, News

Tribunal awards India first BIT case win, dismissing claims of French investor

An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty (“BIT“). The award is not public at this time, but press … Continue reading

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Filed under Arbitration proceedings, Asia, Awards, India, Investment Arbitration, ISDS, Jurisdiction

NEW JAPAN INTERNATIONAL DISPUTE RESOLUTION CENTER OPEN FOR BUSINESS IN OSAKA

The newly established Japan International Dispute Resolution Center (JIDRC) opened its first hearing venue on 1 May 2018. Located within Japan’s second largest metropolitan area, the JIDRC-Osaka is the product of cooperation between the public and private sectors and is … Continue reading

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Filed under ADR, Asia, News

Overcoming reluctance to arbitrate in the TMT sector

Drawing on two surveys on the use of arbitration in technology, media and telecoms disputes, Susan Field, a senior associate and solicitor advocate at Herbert Smith Freehills in London, considers whether parties in the TMT sector are moving away from … Continue reading

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Filed under Europe, News, Publications and Guides

India’s lower house of Parliament approves further amendments to the Indian Arbitration Act

As previously reported here, a draft Bill to amend the Arbitration and Conciliation Act 1996 (the “Act“) was approved by the Indian Cabinet on 7 March 2018 (the “Bill“). The Bill was listed as a part of the agenda for … Continue reading

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Filed under Arbitration laws, Arbitrators, Asia, Confidentiality, India

Implied horizontal contract prompts stay of proceedings S9 AA 1996

In Mercato Sports v Everton[1], the English High Court found that two parties were bound by an implied horizontal contract containing an arbitration clause. Accordingly, it granted a stay of proceedings under section 9 of the Arbitration Act 1996 (‘S9 … Continue reading

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Filed under Arbitration Act 1996, Arbitration clauses, Europe, Stays

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine.  Ukraine argued that it was immune from the Court’s jurisdiction by … Continue reading

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Filed under Challenges to awards, Enforcement, Enforcement - Europe, Europe, Investment Arbitration, ISDS, Sovereign Immunity

International Arbitration Community Welcomes Argentina and Uruguay’s New International Commercial Arbitration Acts

On July 3, 2018, Uruguay passed its International Commercial Arbitration Act after its upper house, the Chamber of Senators, signed off the draft in May.[1] A day later, it was Argentina’s turn.[2] These enactments mark the final step of a … Continue reading

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Filed under Arbitration laws, News, The Americas, UNCITRAL Model Law

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

In its decision of 4 July 2018, the Delhi High Court (“Court“) has agreed to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award against an Indian company, despite the award debtor’s arguments that the dispute should have … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China, India, Institutions