Herbert Smith Freehills sponsors XXVIth ICC Congress in Hong Kong on 5-8 May 2024

Herbert Smith Freehills is a proud sponsor of the XXVIth Congress of the International Council for Commercial Arbitration (ICCA), being held in Hong Kong from 5 to 8 May 2024. We are delighted that CEO Justin D’Agostino is Co-Chair of the Host Committee and Consultant May Tai sits on the Programme Committee.

With the theme, “International Arbitration: A Human Endeavour”, this Congress focuses on the individual as a participant in the international arbitration system. Topics will include the economics of dispute resolution, culture and semantics, the impact of technology and the art of persuasion. The programme has now been released and is available online here.

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SMU Asian Arbitration Lecture 2022

Please join us at the Herbert Smith Freehills-SMU Asian Arbitration Lecture on Wednesday, 23 November 2022, 5:00 PM.

This year’s lecture will be presented by Prof. Dr. Diane Desierto on the subject of “Human Rights, Environmental and Climate Change Law in the Substance and Procedure of International Arbitration“.

Inter-State, investor-state and commercial arbitration in recent years has increasingly wrestled with the complexities of human rights, environmental, and climate change law and their impact on the substance and procedure of international arbitration. This lecture will map all of these affected areas of substance and procedure for inter-State, investor-State and commercial arbitration, and conclude with specific normative recommendations on where international arbitration has to adapt, and where it has to stay the course, despite (or precisely because of) the evolutive nature of human rights law, environmental law, and climate change law and their growing presence in international arbitration disputes.

The lecture will be followed by a panel discussion moderated by Gitta Satryani (Partner, Herbert Smith Freehills) who will be joined by Guest of Honor Ms Daphne Hong (Solicitor-General), and Prof. Dr. Diane Desierto, Antony Crockett (Partner, Herbert Smith Freehills) to discuss the issues raised in the lecture and answer questions from the audience.

We are pleased that the lecture will return to an in-person format this year and will be held at the Mochtar Riady Auditorium at Singapore Management University, Victoria Road. The Lecture commences at 5:00 PM with a post-event cocktail reception from 6:30 PM – 7:30 PM. Further details of the Lecture including the Programme can be found here.

The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 and made possible by a term fund contribution by Herbert Smith Freehills. The objective of the Lecture Series is to promote collaborative forms of dispute resolution and access to justice, and in so doing to promote Singapore as the centre for dispute resolution in Asia, particularly in arbitration and mediation.

The lecture will be a SILE accredited CPD activity (1.5 points).

For more information, please contact Gitta Satryani, Partner, Alastair Henderson, Partner, Antony Crockett, Partner, or your usual Herbert Smith Freehills contact.

Gitta Satryani
Gitta Satryani
Partner
+65 91254216
Alastair Henderson
Alastair Henderson
Partner
+65 91790907
Antony Crockett
Antony Crockett
Partner
+852 93353752

Herbert Smith Freehills to participate in London International Disputes Week 2022 (LIDW22)

With its theme “Dispute Resolution – Global, Sustainable, Ethical?” LIDW22 will take a critical look at the future of dispute resolution and its place in the post-pandemic world, through a series of events held both physically and virtually between 9 and 13 May.

The programme for LIDW22 draws on current global issues driving the practice of dispute resolution. Drawing on London’s position as a major international disputes hub, LIDW22 will engage with international perspectives across all sectors and explore how the industry can adapt, evolve and progress in the light of current global challenges.

Our lawyers are speaking at three sessions throughout the week, outlined below. You can read more and register here: https://2022.lidw.co.uk/.

  • May Tai is speaking on the panel: London as an international disputes hub for East Asia disputes: the challenges and opportunities of East Asia’s evolving dispute resolution ecosystem (9 May, 9:00 – 10:30)
  • Daniela Paez is speaking on the panel: Latin America: delivering sustainable and ethical infrastructure across key sectors – a disputes perspective (9 May, 15:00 – 16:30)
  • Rachel Lidgate and James Robson are speaking on the panel: Back to the future: a look at the future of energy disputes in a post-covid world (13 May, 14:00 – 16:00)

 

May Tai
May Tai
Managing Partner, Hong Kong
+852 21014031
Daniela Paez
Daniela Paez
Associate, New York
+1 917 542 7829

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk.

Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape.

From the basics of each legal system, including litigation and arbitration procedures, to class actions, fee arrangements, third party funding and electronic/digitisation reforms to court proceedings, the new edition summarises the key dispute resolution procedures and trends in 19 of Asia Pacific’s diverse jurisdictions.

The guide has been compiled by our network of Herbert Smith Freehills disputes specialists, with the assistance of local counsel in certain jurisdictions, led by Gareth Thomas and Priya Aswani.

Click here to request a copy of the guide or contact Priya Aswani.

Gareth Thomas
Gareth Thomas
Partner, Hong Kong
+852 2101 4025
May Tai
May Tai
Managing Partner - Asia
+852 2101 4031
Priya Aswani
Priya Aswani
Professional Support Lawyer, Singapore
+65 6868 8077

23RD ANNUAL IBA ARBITRATION DAY: “INNOVATION 360: NEW AND NOVEL IDEAS FOR THE PRACTICE OF ARBITRATION—CRITICALLY TESTED”

12-13 March 2020

Ciragan Palace Kempinski, Istanbul, Turkey

A conference presented by the IBA Arbitration Committee

Under the theme of “Innovation 360: new and novel ideas for the practice of arbitration – critically tested”, the 2020 Arbitration Day will present a series of panels, with each panel presenting one new idea that challenges a key aspect of the way in which international arbitration is presently practiced. Each panel discussion will start with the proponents of the new idea making their case. Both the other panelists and the audience will then subject the new idea to critical testing and rigorous assessment.

Topics include:

  • Procedural Timetable No. 1—topped and tailed: improved case management
  • Quantum academy: training and certification on assessing damages
  • Creating an independent technology and document management hub
  • Prosecuting and adjudicating fraud claims in international arbitration

To book tickets, or for more information, please visit: https://www.ibanet.org/Conferences/conf1004.aspx

Paula Hodges QC, Head of Herbert Smith Freehills’ Global Arbitration Practice, is a member of the organising committee of the conference.

For more information, please contact Paula Hodges QC, Head of Global Arbitration Practice, Craig Tevendale, Partner, or your usual Herbert Smith Freehills contact.

Paula Hodges QC
Paula Hodges QC
Head of Global Arbitration Practice
+44 20 7466 2027
Craig Tevendale
Craig Tevendale
Partner
+44 20 7466 2445

 

 

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to determine the enforcement of rights and obligations by individuals and businesses derived under the Withdrawal Agreement (and any future relationship agreement) and disputes between the EU and the UK.  Since the Paper was published, the Prime Minister has again reiterated the Government’s position that “the UK will be able to make its own laws – Parliament will make our laws – it is British judges that will interpret those laws, and it will be the British Supreme Court that will be the ultimate arbiter of those laws.”

However, as discussed below, whilst perhaps consistent with the stage of negotiations, the Paper is drafted to leave considerable room for manoeuvre, and it leaves many questions unanswered regarding enforcement of rights and obligations under the Withdrawal Agreement and any future relationship agreements and dispute resolution between the UK and the EU after Brexit.

The Paper follows the publication on 22 August of the UK Government’s Future Partnership Paper on Providing a Cross-border Civil Judicial Cooperation Framework, considered in our blog post here, which presented the UK’s position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and the EU Member States post-Brexit.   Continue reading

India related commercial contracts: dispute resolution and governing law clauses

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian companies and who need to have a practical understanding of the nuances of drafting dispute resolution and governing law clauses in the Indian context. Continue reading

GPC Series on the future of dispute resolution: first event in Singapore on 17-18 March 2016

Herbert Smith Freehills is proud to be a global platinum sponsor of the Global Pound Conference (GPC) Series 2016-17.  This ambitious worldwide conference series will engage all key stakeholders in a conversation about dispute resolution and how it should be used in commercial and civil conflicts in the 21st Century.

Singapore will host the first of a 36-city conference series on the 17-18 March 2016, that will bring together users of disputes resolution services, as well as advisors, providers and other stakeholders. Together, we will discuss how we can improve processes to resolve commercial and civil disputes (whether this be through litigation, arbitration, or alternative dispute resolution processes).  Further details of the programme are found below, as well as information on how to register.

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