REMINDER: 43RD FA MANN LECTURE TAKING PLACE 18 NOVEMBER 2021: “INTERNATIONAL LAW BEFORE UNITED KINGDOM COURTS – A QUIET REVOLUTION”

A reminder that the 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 18 November 2021. This series of lectures is arranged by the Partners of Herbert Smith Freehills LLP and given under the auspices of the British Institute of International and Comparative Law.

This year’s lecture will be delivered by Justice of the Supreme Court, Lord Lloyd-Jones, on the topic of “International law before United Kingdom Courts – a quiet revolution”. The event is a public lecture and admission is free. Entry is on a first come, first served basis and an early arrival is recommended.

Continue reading

ENGLISH COURT DETERMINES IT HAS NO JURISDICTION TO PERMIT A COUNTERCLAIM IN ENFORCEMENT PROCEEDINGS

In Selevision Co (a company incorporated in Saudi Arabia) v Bein Media Group LLC [2021] EWHC 2802 (Comm), the English Commercial Court determined that it did not have jurisdiction to permit a counterclaim in the context of an application for leave to enforce a New York Convention Award pursuant to section 101(2) of the English Arbitration Act and CPR 62, underlining the “highly summary” and “streamlined” nature of the enforcement process.

Continue reading

43RD FA MANN LECTURE TAKING PLACE 18 NOVEMBER 2021: “INTERNATIONAL LAW BEFORE UNITED KINGDOM COURTS – A QUIET REVOLUTION”

The 43rd of a series of annual lectures in honour of the late Dr FA Mann QC (Hon) (1907-1991) will take place in London on 18 November 2021. This series of lectures is arranged by the Partners of Herbert Smith Freehills LLP and given under the auspices of the British Institute of International and Comparative Law.

This year’s lecture will be delivered by Justice of the Supreme Court, Lord Lloyd-Jones, on the topic of “International law before United Kingdom Courts – a quiet revolution”. The event is a public lecture and admission is free. Entry is on a first come, first served basis and an early arrival is recommended.

Continue reading

UNCITRAL PUBLISHES EXPEDITED ARBITRATION RULES

In December 2020, we reported that the Working Group II of the United Nations Commission on International Trade Law’s (UNCITRAL) had prepared draft expedited arbitration provisions for the UNCITRAL Arbitration Rules.

UNCITRAL adopted the expedited arbitration provisions (the EAPs) in July 2021. The EAPs entered into force on 19 September 2021. The full text is available here.

UNCITRAL has also published a detailed draft explanatory note to the EAPs (the Explanatory Note). The note is expected to be finalised in the coming weeks (available here).

Continue reading

INDIAN SUPREME COURT CONFIRMS ENFORCEABILITY OF INDIA-SEATED EMERGENCY ARBITRATION AWARDS

The Supreme Court of India (the “Court“) has recently handed down a significant judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. & Ors. confirming that an award rendered by an emergency arbitrator (“EA“) in an arbitration seated in India is enforceable in the Indian courts. The Court’s judgment provides welcome clarity for parties seeking urgent interim relief in India-seated arbitrations. The judgment, however, does not address the enforceability of foreign-seated EA awards in the Indian courts.

Continue reading

ENGLISH COURT OF APPEAL ORDERS THE PUBLICATION OF TWO JUDGMENTS IN AN ARBITRATION CLAIM BETWEEN MANCHESTER CITY FOOTBALL CLUB AND THE PREMIER LEAGUE

In Manchester City Football Club Ltd v Football Association Premier League Ltd and others [2021] EWCA Civ 1110, the English Court of Appeal considered whether to order the publication of a High Court judgment that rejected challenges to an arbitral award under sections 67 and 68 of the English Arbitration Act. Weighing the factors militating in favour of publicity against the desirability of preserving confidentiality, the Court of Appeal determined that here the balance fell clearly in favour of publication.

Continue reading

ENGLISH HIGH COURT REJECTS CHALLENGES BROUGHT UNDER S67 AND 68 OF THE ENGLISH ARBITRATION ACT

In Manchester City Football Club Ltd v Football Association Premier League Ltd and others [2021] EWHC 628 (Comm), the English High Court considered Manchester City Football Club’s challenge to an arbitral award under sections 67 and 68 of the English Arbitration Act. In rejecting the challenge, the English Court provided useful guidance on construing arbitration clauses in light of rival interpretations. The judgment is also another helpful example of the practical application of the principles laid down by the UK Supreme Court in the Halliburton case (see our blog post here).

Continue reading

INSIDE ARBITRATION ISSUE #12: PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to the twelfth issue of Inside Arbitration

We are delighted to share with you the latest, new look issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice.

Uncertainty has been the watchword of 2021 so far. As the Covid-19 pandemic continues to impact our work and personal lives many questions remain about the virus and our global response to it. However, since the light at the end of the tunnel does appear to be shining more brightly, we have grasped the opportunity to look forward positively in this edition of Inside Arbitration.

Incorporating videos and soundbites from our practitioners around the network, in this edition:

  • Paula Hodges QC, Andrew Cannon, Simon Chapman QC and Vanessa Naish explore whether it is possible to predict how the post-pandemic disputes landscape may look and how arbitration practice may be impacted longer term.
  • The pandemic is not the only significant force for change and development facing the world at present. Antony Crockett, Patricia Nacimiento and Dr. Alessandro Covi look at what “ESG” means for businesses, how ESG issues are being introduced into commercial contracts, and the potential impact of these trends on international arbitration.
  • Continuing the theme of change, Craig Tevendale, Chris Parker and Charlie Morgan focus on energy transition, looking at the challenges on the horizon and the potential legal disputes that may arise from the proliferation of new infrastructure projects.
  • Change has also been felt within the Herbert Smith Freehills’ arbitration practice. Our three new talented arbitration Partners Dana Kim (in Seoul), Antony Crockett (in Hong Kong) and Ivan Teselkin (in Moscow) feature in Spotlight articles introducing their differing areas of practice and sharing their views on the outlook for arbitration in their regions.
  • The recognition of the talent of our practitioners and the growth of our global practice is exciting, but so too are successes in our cases, particularly those that can be reported publicly! Simon Chapman QC and Charlotte Benton discuss a recent success in a landmark case in Hong Kong, which has confirmed that failure to comply with escalation requirements will not affect an arbitration tribunal’s jurisdiction over the dispute.
  • Looking at wider developments across the globe, Andrew Cannon and Nihal Joseph explore the significance of an important new judgment from the Supreme Court of India which decided that two Indian parties may validly agree to resolve their disputes in arbitration seated outside India.
  • Chad Catterwell and Guillermo Garcia-Perrote look at the rise of Arbitration in Australia, and how the release of the ACICA Arbitration Rules 2021 have further strengthened ACICA’s status as the pre-eminent arbitral institution in Australia.
  • In our sector-focused piece Hew Kian Heong, James Doe and Noe Minamikata take a look at the current hot topics in construction arbitration: the impact of recent materials shortages, a possible rise in construction insolvencies and the continuing effects of the Covid-19 pandemic on construction projects.
  • Our “watch this space” feature covers the latest issues and developments in international arbitration.

Previous issues can also be viewed on our website.

We hope that you enjoy reading issue #12 of Inside Arbitration and would welcome any feedback you may have.

ENGLISH HIGH COURT RESOLVES PRIMA FACIE CONFLICT BETWEEN DISPUTE RESOLUTION CLAUSES IN FAVOUR OF ARBITRATION AGREEMENT

In the recent decision in Melford Capital Holdings LLP and others v Digby [2021] EWHC 872 (Ch), the English High Court (the Court) resolved a prima facie conflict between two dispute resolution clauses in an agreement (one providing for the exclusive jurisdiction of the English courts and the other providing for arbitration) in favour of the arbitration clause. The Court interpreted the exclusive English jurisdiction clause as providing for the supervisory jurisdiction of the English courts.

Continue reading