Europe

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

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

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

EU and Japan formally sign economic partnership agreement

On 17 July 2018, the EU-Japan Economic Partnership Agreement (EPA) was formally signed during the EU-Japan summit in Tokyo.  The EPA – the largest free trade agreement ever negotiated by the EU – has been years in the making and … Continue reading

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Filed under East Asia, EU, Europe, Japan, Public International Law, Trade Agreements

Inside Arbitration: Issue #6 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insight about the markets and industries in which our clients operate, … Continue reading

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Filed under Africa, Arbitration rules, Asia, Construction, Europe, Investment Arbitration, New York Convention, News, Publications and Guides, South East Asia, The Americas

LCIA-MIAC Joint Venture Agreement Terminated

The London Court of International Arbitration (the LCIA) and the Government of Mauritius have announced the termination of their joint venture which established the LCIA-MIAC Arbitration Centre. LCIA-MIAC was created in 2011 as a focal point for international arbitration in … Continue reading

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Filed under Africa, Arbitration clauses, Arbitration rules, Europe, Institutions

Reliance v Union of India: English Court confirms that there is no serious irregularity under s68(2)(a) if an issue of construction decided by the tribunal is “squarely in play”

In Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English commercial court (the Court) considered a number of challenges to parts of an arbitration award brought under sections 67, 68 and 69 of … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Challenges to awards, Europe, India, Procedures in arbitration

State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an … Continue reading

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Filed under Brexit, EU, EU Law, Europe, Trade Agreements

English Court dismisses attempt to set aside LCIA award on grounds of serious irregularity

In the recent case of X v Y [2018] EWHC 741 (Comm), the English High Court dismissed an application to set aside an arbitral award under s68 of the English Arbitration Act 1996 (the Act) on the basis that the … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Europe, Procedures in arbitration