HERBERT SMITH FREEHILLS PROMOTES THREE ARBITRATION SPECIALISTS TO COUNSEL

Herbert Smith Freehills has promoted three new Counsel from within the global arbitration practice with effect from 1st May. With promotions in Moscow, Tokyo and Melbourne the new Counsel are:

Maria Dolotova, Moscow: Maria is a Russian-qualified disputes lawyer with an arbitration specialism.  Maria joined Herbert Smith Freehills in 2013 having previously worked in the dispute resolution practice of an international law firm in Moscow. Maria has been involved in arbitrations under a number of different institutional rules and been involved in court actions in support of arbitration (including injunction and enforcement applications) in many jurisdictions. Maria has developed a particular expertise in corporate claims involving bankruptcy and restructuring proceedings.

James Allsop, Tokyo: James’ practice centres on advising Japanese and international clients in complex commercial disputes, primarily through international arbitration.  He has acted as counsel and advocate in arbitrations under various institutional rules (HKIAC, ICC, JCAA, LCIA, SIAC, TOMAC, VIAC and before ad hoc tribunals) with seats across Asia and Europe.  He also has extensive cross-border litigation experience in the English High Court and Appellate Courts having practiced for several years in Herbert Smith Freehills’ London office. James is qualified as a solicitor in England & Wales and is also a qualified solicitor advocate.  He is licensed to advise in Japan as a Gaikokuho Jimu Bengoshi.

Timana Hattam, Melbourne: Timana is a specialist in the resolution of disputes in construction and infrastructure projects, and has significant experience advising in relation to disputes and generally in the project delivery phase of Public Private Partnerships (PPPs), particularly in the transport sector. Timana’s practice also includes energy related disputes, with a focus on renewables projects, having acted for clients across Australia and internationally.

Paula Hodges QC notes, “We are delighted to have three new Counsel promotions within our global arbitration practice. This – together with our recent Partner promotions – showcases the outstanding lawyers we have across the full breadth of our international arbitration network.”

For more information, please contact Maria Dolotova, Of Counsel, James Allsop, Of Counsel, Timana Hattam, Executive Counsel, or your usual Herbert Smith Freehills contact.

Maria Dolotova
Maria Dolotova
Of Counsel
+7 495 36 36839

James Allsop
James Allsop
Of Counsel
+81 3 5412 5409

Timana Hattam
Timana Hattam
Executive Counsel
+61 3 9288 1860

Arbitral tribunal’s refusal to strike out a claim could not be challenged under s68 or s69 of the Arbitration Act 1996

In a recent decision, the Mercantile Court dismissed two appeals under s68 (procedural irregularity) and s69 (error of law) of the Arbitration Act 1996 (the "Act") which sought to challenge an arbitral tribunal's refusal to strike out a claim. The appeals were dismissed on the basis that the tribunal's orders did not constitute "awards" for the purposes of the Act.  The fact that the parties had consented to the s69 appeals did not remove the need to establish that the court had jurisdiction under s69 of the Act: Enterprise Insurance Co Plc v (1) U-Drive Solutions (Gibraltar) Ltd (2) James Drake QC [2016] EWHC 1301 (QB). 

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