FIVE AT HERBERT SMITH FREEHILLS RANKED IN INAUGURAL TOP 200 UK INTERNATIONAL ARBITRATION POWERLIST

Herbert Smith Freehills’ London-based international arbitration partners Paula Hodges QC, Craig Tevendale, Nicholas Peacock, Andrew Cannon and Chris Parker have all been named amongst 200 leading lawyers in Legal 500’s inaugural UK International Arbitration Powerlist.

The list, which is based on extensive research by Legal 500, highlights the UK’s leading arbitration practitioners working in law firms and at the Bar. The research is based upon submissions, client referees, interviews and feedback to refine the top arbitrators globally.

The firm’s international arbitration team in the UK has been described by Legal 500 as a ‘strong team of dedicated lawyers who master complex subject matters… the advice is pragmatic, measured and fit for purpose’.

UK Head of Arbitration Craig Tevendale commented: “We are all thrilled to feature in the inaugural “Powerlist” amongst esteemed colleagues from within the UK arbitration community, a great many of whom we recently hosted at our London Arbitration Community Dinner. It is fantastic to have all five partners recognised in this way”.

Inside Arbitration: Issue #7 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, the publication offers personal perspectives of our international arbitration partners from across the globe.

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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, the publication offers personal perspectives of our international arbitration partners from across the globe.

Continue reading

“VIVAT, FLOREAT, CRESCAT!”: Herbert Smith Freehills’ International Arbitration practice celebrates 60 years of the New York Convention 1958

A panel of esteemed guest speakers in London examined the Convention’s impact over the past 60 years, its current status and what the future may hold for this crucial international agreement.

The firm’s International Arbitration practice recently invited guests to a unique event marking 60 years of the New York Convention 1958. The event, held in London, was the first of a number of similar events to be held around the network. It featured a diverse panel of speakers, chaired by Global Head of Arbitration Paula Hodges QC. The panel included:

·  The Rt Hon. the Lord Neuberger of Abbotsbury, of One Essex Court and Former President of the UK Supreme Court;

·  Professor Albert Jan van den Berg, a leading authority on the New York Convention;

·  Dr Jörg Weber, Head of Investment Policies Branch, Division on Investment and Enterprise, UNCTAD; and

·  Mimi Lee, Managing Counsel at our key client Chevron, who leads Chevron’s international disputes team out of San Ramon, California.

The panel discussed whether the Convention still meets the needs of the global community and what could or should be done to fix any shortcomings. It also examined the English judicial view of the Convention and its application in comparison with the French courts, its real world impact, and the link between the Convention and Foreign Direct Investment. It also provided insight on the importance of the Convention for a real world user of arbitration. The event’s Latin tagline translates as “May it live, grow, and flourish!“, and was originally used by Professor Pieter Sanders in his foreword to ICCA’s Guide to the Interpretation of the 1958 New York Convention: A Handbook for Judges.

Members of our arbitration practice were joined by high-profile guests including clients, members of the arbitration community, barristers, fellow practitioners and academics. The evening concluded with a reception, offering guests the chance to continue the discussion over drinks and canapés.

Paula Hodges QC commented: “This was a most unique event, and we were delighted to host such an esteemed panel of speakers, who provided fascinating insights into the impact of this crucial international treaty from a variety of different perspectives.”

Paula Hodges QC
Paula Hodges QC
Partner, Head of Global Arbitration Practice
+44 20 7466 2027

LCIA Facts and Figures for 2016: another strong caseload

The LCIA has recently released its Facts and Figures for 2016. This report (Facts and Figures – 2016 A Robust Caseload.pdf), which is produced annually, provides an overview of and insights into the LCIA's caseload. It includes detailed statistics concerning aspects of the caseload ranging from the industry sectors concerned, to arbitrator appointments, and the frequency of use of different procedures under the LCIA's Arbitration Rules (the "Rules").The statistics demonstrate that the LCIA caseload continues to grow, attracting disputes from across a number of industry sectors and involving parties from across the world.

Some of the main points from this year's report are set out below.

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HERBERT SMITH FREEHILLS’ GLOBAL ARBITRATION PRACTICE RANKED TOP THREE IN THE WORLD FOR SECOND YEAR RUNNING

For the second-year running, Herbert Smith Freehills' Global Arbitration Practice has been showcased as being the third busiest in the world as part of the prominent annual Global Arbitration Review (GAR) 30 rankings.

The firm's new GAR 30 ranking appears in the tenth edition of the GAR 100, which was unveiled on 29 March 2017 at the seventh annual GAR Awards at the Palazzo Parigi Hotel, in Milan.

Highlighted by the publication as a "force to be reckoned with", GAR reports a significant spike in high-value work for the firm, with 14 cases worth more than US$1 billion (including one worth US$18 billion).

The firm also achieves a large number of peer-recognised specialists across the global network, having a total of 15 people featured in Who’s Who Legal: Arbitration, the highest figure of any firm in the GAR 30.

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Inside Arbitration: Issue #3 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration.

In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication offers personal perspectives of our international arbitration partners from across the globe.

In this issue:

  • Paula Hodges QC, Peter Leon, Craig Tevendale and Chris Parker share their insights into the development of commercial arbitration on the African continent and consider dispute resolution choices for parties negotiating Africa-related contracts.
  • We consider the development of arbitration in Rwanda and the Kigali International Arbitration Centre "in conversation" with KIAC's secretary general, Dr Fidèle Masengo.
  • Peter Godwin, Regional Head of Disputes Asia, reflects on his 16 years in Asia and the changes in attitudes towards dispute resolution amongst Japanese parties.
  • Dr Patricia Nacimiento, Thomas Weimann and Dr Mathias Wittinghofer give their view on whether Germany is on its way to becoming a true arbitration powerhouse.
  • Chris Parker, Elaine Wong, Gitta Satryani and Elizabeth Kantor provide a global perspective on the availability of security for costs and claim in international arbitration.
  • Dr Larry Shore discusses his path into public international law and the development of his interest in treaty disputes, as well as the differences in arbitration practice in the US and the UK and trends in US arbitration.
  • We highlight a number of key considerations for parties negotiating contracts with state and state-owned entities across the globe and provide comparative into state immunity in five key jurisdictions.

We are pleased to present our clients with an infographic providing a snapshot of our global arbitration practice in the two years 2014-2016.

The infographic details the successes of our growing practice and our huge geographical reach. The infographic is available at this link and at page 25 of Inside Arbitration.

The full digital edition can be downloaded in PDF by clicking on this link.

We hope that you enjoy reading Issue #3 of Inside Arbitration. We would welcome your feedback.

English Court reiterates warning not to delay application for anti-suit injunction, regardless of jurisdictional challenge in the foreign proceedings

In ADM Asia-Pacific Trading PTE Ltd v PT Budi Semesta Satria [2016] EWHC 1427, the English Commercial Court rejected an application for an anti-suit injunction on the basis of undue delay.

This decision mirrors the Court's approach in Ecobank v Tanoh and Essar v Bank of China, which we previously covered here and here. It also reiterates that the Court's discretion to reject an application for an anti-suit injunction is not limited to instances where the delay is unconscionable or has caused prejudice to the respondent.

The judgment confirms, once again, that parties facing foreign proceedings commenced in breach of an arbitration agreement should bring an anti-suit injunction application as soon as possible after receiving notice of the foreign proceedings, regardless of any jurisdictional challenge in the foreign proceedings.

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Head of Global Arbitration Practice Paula Hodges QC appointed Vice President of the LCIA Court

Herbert Smith Freehills’ Global Arbitration Practice is delighted to announce that Paula Hodges QC has been appointed as Vice President of the Court of the London Court of International Arbitration (the LCIA).

Paula is a member of the LCIA’s Board of Directors and has been a member of the LCIA Court since 2012. The LCIA Court’s members are chosen to provide and maintain a balance of leading practitioners in commercial arbitration, from the major trading areas of the world.

The LCIA Court has an important role in the governance of the LCIA. The LCIA draws on the expertise and experience of the Court members to safeguard its reputation, support the steering of the institution and make strategic decisions as to its development.  The Court is also the final authority for the proper application of the LCIA Rules and its principal duties under the LCIA Rules 1998 and 2014 are the selection and appointment of tribunals, the control of costs and the determination of challenges to arbitrators. Under the LCIA Rules 2014, the LCIA Court also has an important role in deciding whether an emergency arbitrator can be appointed and determining whether multiple arbitrations can be consolidated into a single proceeding.

Paula comments: “I am delighted to be increasing my involvement with the LCIA, a modern and efficient international institution which remains at the forefront of arbitral practice”.

Also appointed to Vice President is EY Park of Kim & Chang.  Audley Sheppard QC of Clifford Chance, who has served as a Vice President since 2011, was reappointed to serve a further term in the role.  Further information about the selection of the next President, Judith Gill QC, the appointment of new Members of the LCIA Court and changes to the LCIA Board of Directors, can be found here.

Paula Hodges QC
Paula Hodges QC
Partner, head of global arbitration practice
+44 20 7466 2027