Inside Arbitration Issue 17: Perspectives on cross-border disputes

We are delighted to share with you Issue 17 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice.

In this issue, we delve into two critical topics facing many of our clients: the energy transition and digitalisation, and the growing overlap between the two as the world intensifies its efforts to develop innovative technologies to produce clean energy. We also explore global big-picture trends and highlight regional developments, taking a look at the investment of Korean companies in clean energy projects across the world, the new PRC Foreign State Immunity law and Madrid’s emergence as an attractive arbitration hub. In addition, this issue casts a spotlight on our Middle East practice, with articles and videos that showcase the expertise of Dubai-based Disputes partners Stuart Paterson and Nick Oury.

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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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THE ENERGY TRANSITION AND LEGAL CHALLENGES CONFERENCE 15 MARCH 2023

Herbert Smith Freehills is delighted to be a sponsor of ‘The Energy Transition and Legal Challenges Conference’, taking place in London on Wednesday 15th March (between 09:00 – 18:00 GMT).

**UPDATE 8 March 2023**

Please note due to industrial action, this event has been postponed until further notice. For further information, please click here

This one day legal conference examines the legal challenges and opportunities presented by energy transition. Lawyers, academics, practitioners, scientists, financiers, regulators and industry experts will present papers and lead the discussion in conjunction with London’s leading postgraduate energy law school at Queen Mary, University of London, and The Queen Mary UNIDROIT Institute of Transnational Commercial Law.

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HSF publishes Disputes in the Technology Industry Q&As for Practical Law (UK)

HSF technology disputes practitioners Andrew Moir, Rachel Lidgate, Martin Hevey, Kate Macmillan, Peter Dalton, Heather Newton and Rachel Montagnon have recently published a Q&A in Practical Law on Disputes in the Technology Industry (see here for pdf and here for subscribers) covering all aspects of disputes in the sector including current and future trends.

In the Q&A, the team gives a high-level overview of

  • typical types of claims in the technology sector,
  • wider economic, regulatory or political factors that make disputes of any kind more or less common in the sector
  • which issues give rise to the most disputes in the sector
  • what proportion of disputes between parties become the subject of dispute resolution proceedings
  • any unusual time limits for starting a claim
  • who the parties to a dispute in this sector typically tend to be
  • the balance in terms of bargaining power and financial circumstances between parties
  • how disputes typically resolved in this sector
    • which courts, arbitral bodies or other organisations commonly deal with disputes
    • what factors are most likely to influence the choice of dispute resolution method
    • what the most commonly used alternative dispute resolution (ADR) methods (adjudication, mediation, ENE, expert determination, dispute boards) are
    • requirements in the sector for a particular type of dispute resolution regime
    • sector-specific procedural rules that apply
    • dispute resolution methods used, costs and funding issues, settlement, judgments and remedies and any other specific dispute resolution issues
    • to what extent do the parties expect to be able to control the procedure and timetable for disputes in the sector
  • interim applications
  • use of experts
  • appeals
  • costs and funding (including third party funding)
  • enforcement of judgments
  • forum shopping
  • trends in the sector
  • class actions
  • future developments that will impact on litigation in this sector

For more information, please contact Andrew Moir, Rachel Lidgate, Martin Hevey, Kate Macmillan, Peter Dalton, Heather Newton, Rachel Montagnon, or your usual Herbert Smith Freehills contact.

Andrew Moir
Andrew Moir
Partner, London
+44 20 7466 2773
Rachel Lidgate
Rachel Lidgate
Partner, London
+44 20 7466 2418
Martin Hevey
Martin Hevey
Senior Associate, London
+44 20 7466 2631
Kate Macmillan
Kate Macmillan
Consultant, London
+44 20 7466 3737
Peter Dalton
Peter Dalton
Senior Associate, London
+44 20 7466 2907
Heather Newton
Heather Newton
Senior Associate, London
+44 20 7466 2984
Rachel Montagnon
Rachel Montagnon
Professional Support Consultant, London
+44 20 7466 2217

CONSTRUCTION ARBITRATION PODCAST SERIES EPISODE 5: MANAGING CONSTRUCTION ARBITRATION PROCEDURE

We are pleased to share the fifth and final episode in our Construction Arbitration podcast series.

In this episode Craig Tevendale (Partner, UK Head of International Arbitration) is joined by Liz Kantor (Senior Associate, International Arbitration) and Kemi Wood (Associate, Construction & Infrastructure Disputes) to talk about managing the procedure in construction arbitration. They discuss the innovative procedural approaches which have recently been proposed, focusing particularly on the first case management conference, tribunal fact-finding, controlling disclosure and streamlining fact witness and expert witness evidence and also take a look at the important innovations in arbitration technology and how these can help.

This episode can be found on SoundCloud, Spotify and iTunes.

To listen to the full series, which includes an introduction to construction arbitration, a look at the role of experts, the importance of documents and factual witnesses and considerations in case preparation, please click here.

We do hope that you have enjoyed listening to this series.

If you are interested in listening to our other construction and arbitration podcasts, or reading our articles on construction and arbitration, please take a look at our Construction Notes and Arbitration Notes and subscribe to receive notifications of our latest content.

For more information, please contact Craig Tevendale, Partner, Elizabeth Kantor, Senior Associate, Kemi Wood, Associate, Rebecca Warder, Professional Support Lawyer, or your usual Herbert Smith Freehills Contact.

Craig Tevendale
Craig Tevendale
Partner
+44 20 7466 2445

Elizabeth Kantor
Elizabeth Kantor
Senior Associate
+44 20 7466 2406

Kemi Wood
Kemi Wood
Associate
+44 20 7466 2161

Rebecca Warder
Rebecca Warder
Professional Support Lawyer
+44 20 7466 3418

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

 

 

NEW STOCKHOLM CHAMBER OF COMMERCE ARBITRATOR’S GUIDELINES AND SCC PLATFORM

In October 2019, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) issued revised arbitrator’s guidelines (the “Guidelines”). The Guidelines cover questions frequently raised by arbitrators on case management, costs, timelines, appointment and use of administrative secretaries, VAT issues, and the contents and structure of final awards. In addition, the Guidelines provide explanations as to the use of the new SCC Platform, which is a new secure digital communication and file sharing platform used in SCC arbitrations.

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