USE OF ARBITRATION IN THE BANKING AND FINANCE SECTOR (PART 1): LCIA STATISTICS SHOW GROWTH

The LCIA has released its Annual Casework Report for 2021, showing that disputes in the Banking and Finance sector represented the LCIA’s biggest industry sector in 2021, overtaking Energy and Resources disputes. The 2021 Report shows that 26% of disputes registered with the LCIA in 2021 relate to the sector. The LCIA saw a corresponding increase in loan agreements and other loan facilities agreements in LCIA arbitrations, up from 16% in 2020 to 21% in 2021. Although the headline statistic for the sector were bolstered by a group of 27 related cases (making up 32% of all the banking and finance cases at the LCIA in 2021)  as discussed further below, the LCIA’s figures are in line with a softening of the attitude of finance clients towards arbitration.

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Herbert Smith Freehills’ Global Head of International Arbitration Paula Hodges QC Reappointed for Second Term as LCIA President

It has just been announced that the LCIA Board has, on the recommendation of the LCIA Court, reappointed Paula Hodges QC to lead the LCIA Court as President for a second term.

First appointed in 2019, Paula served her three-year term alongside LCIA Director General Dr Jacomijn van Haersolte-van Hof. Before this, Paula served as Vice President of the Court for several years and was also an LCIA Board member for a decade.

During Paula’s Presidency of the LCIA Court the LCIA has introduced and implemented the LCIA Rules 2020 and grappled with issues such as Brexit and the Covid 19 pandemic. Alongside her role at the LCIA, Paula continues to work full-time as Head of Herbert Smith Freehills’ Global Arbitration Practice.

Commenting on her appointment, Paula said:

“I am thrilled to have been given the opportunity to do a second term as LCIA President. With the 2020 Rules now being in full swing and the increasing reach of the LCIA globally, there are many exciting initiatives afoot and I am delighted to be able to work with the LCIA Secretariat, Court and Board to bring all our plans to fruition over the next three years.”

Paula’s over-arching aims are for the LCIA to continue to expand internationally attracting parties and arbitrators from all over the world, and to ensure that the LCIA keeps ahead of evolving arbitration trends.

The LCIA Court is the guardian of how the rules are applied to ensure that the high standing of the LCIA as an arbitral institution is preserved.

For a full list of new LCIA positions, please click here.

For more information, please contact Vanessa Naish, Professional Support Consultant, or your usual Herbert Smith Freehills contact.

Vanessa Naish
Vanessa Naish
Professional Support Consultant
+44 20 7466 2112

HERBERT SMITH FREEHILLS LAUNCHES THE 3RD EDITION OF ITS GUIDE TO DISPUTE RESOLUTION IN AFRICA

We are delighted to present an updated version of our Guide to Dispute Resolution in Africa. This unique Guide presents the latest perspectives on dispute resolution procedures and trends in all of Africa’s 54 jurisdictions.

Drawing on the extensive knowledge of our Africa practice lawyers as well as experienced local counsel in each of the jurisdictions, the Guide answers some of the key questions asked by those facing disputes in Africa and by potential investors interested in the continent’s legal systems. With the expected increase in investment across an array of sectors and across the continent, the scope for formal dispute resolution in Africa has significantly increased and will likely continue to do so.

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INSIDE ARBITRATION ISSUE #13 PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to the thirteenth issue of Inside Arbitration. 

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

2022 opened with continued uncertainty in the global fight against the Covid-19 pandemic. This has tested all of our resilience, which has never been a more important quality than over the past few years. As trusted advisors to our clients, we need to be able to anticipate the challenges and opportunities on the horizon. This issue has those themes front and centre, with a focus on adapting to and driving forward change, within different sectors, regions and the practice of arbitration.

Incorporating articles, interviews and videos from our practitioners around the network, this edition features articles and interview spotlights from across our global team in addition to recent arbitration news and developments.

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Paula Hodges QC to participate in event celebrating 25 years of the English Arbitration Act

The Arbitration Act 1996 came into force on 31 January 1997. Exactly 25 years later, this event will celebrate its success and consider what the future may hold for the Act. There will be an afternoon of presentations offering differing perspectives, past and present, as well as a debate “This House believes that the Arbitration Act 1996 remains best in class“, in which Paula Hodges QC will be participating.

Other speakers will include Lord Saville, Prof. John Uff QC, Dame Sara Cockerill DBE, Prof. Sarah Green, Jacomijn van Haersolte-van Hof, Claudia Salomon, David Steward, Jonathan Wood, Sylvia Noury QC, Toby Landau QC, Duncan Matthews QC, Karyl Nairn QC, Audley Sheppard QC, Louis Flannery QC, Prof. Stavros Brekoulakis and Duncan Bagshaw.

WHEN: Monday, 31 January 2022

TIME: 3pm-6pm
WHERE: Old Hall, The Honourable Society of Lincoln’s Inn. London WC2A 3TL

The event will be hybrid, with registration for online viewing available. Venue capacity is limited so register now to ensure in-person attendance.

Please register to attend the conference here.

To join the celebratory drinks reception after the conference, you can register here.

For more information, please contact Paula Hodges QC, Head of Global Arbitration Practice, Vanessa Naish, Professional Support Consultant, Elizabeth Kanor, Professional Support Lawyer, or your usual Herbert Smith Freehills contact.

Paula Hodges QC
Paula Hodges QC
+44 20 7466 2027
Vanessa Naish
Vanessa Naish
Professional Support Consultant
+44 20 7466 2112
Elizabeth Kantor
Elizabeth Kantor
Professional Support Lawyer
+44 20 7466 2406

HSF’S PAULA HODGES QC AND CHARLIE MORGAN TO PARTICIPATE IN “GAR LIVE: ENERGY DISPUTES” CONFERENCE

The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This conference interrogates increasing market volatility within the oil industry and examines the challenges that arise from ageing assets and the decommissioning of projects. Our panel of experts will discuss disputes resulting from the increasing concern surrounding climate change and energy transition across the energy sector.

The event will be co-chaired by Global Head of Arbitration, Paula Hodges QC.

London-based Senior Associate Charlie Morgan will be taking part in the Oxford Union-style Debate.

In-house counsel and government representatives can attend the conference free of charge. For more information and to register attendance, please click here.

Paula Hodges QC
Paula Hodges QC
+44 20 7466 2027
Charlie Morgan
Charlie Morgan
Senior Associate
+44 20 7466 2733

 

HSF’S PAULA HODGES QC TO PARTICIPATE IN THE VAARB-CIArb INTERACTIVE ROUNDTABLE: “INSTITUTIONAL REFORMS – TRANSFORMING INTERNATIONAL ARBITRATION”

Head of HSF’s Global Arbitration Practice and President of the London Court of International Arbitration (LCIA) Court, Paula Hodges QC, will be taking part in the joint Vietnam Academy for Arbitration-CIArb Vietnam Chapter roundtable discussion on “Institutional Reforms – Transforming International Arbitration“, taking place on Wednesday 8 September 2021.

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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.

AN “EXCEPTIONAL YEAR” FOR THE LONDON COURT OF INTERNATIONAL ARBITRATION

The London Court of International Arbitration (the LCIA) has released its Casework Report for 2020. The statistics in the Report show an “exceptional year” and a continuing picture of growth for the institution. The statistics also show a gradual “internationalisation” of the LCIA’s caseload while also demonstrating the institution’s long-standing commitment towards improving the diversity of arbitral tribunals.

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