We are delighted to share with you Issue 17 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice, which, in particular, features an article on arbitrating IP disputes arising from energy transition innovations.

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.

Articles in this edition include:

Fuelling the Future: Arbitrating IP disputes arising from energy transition innovations

  • We discuss the management and safeguards needed when innovating at speed with third parties to generate solutions for the energy transition and how arbitration can be employed to resolve IP disputes arising from such R&D collaborations

Click to agree: Technology and consumer arbitration

  • With the surge of digital services causing a rise in business-to-consumer agreements, we explain what it means for dispute resolution

Project delivery and construction arbitration: A playbook for infrastructure PE funds

  • With greater private equity participation in infrastructure projects, a clear approach to construction contracts and project governance is essential

Centre stage: Charting Madrid’s emergence as an arbitration hub

  • The Spanish city is rapidly emerging as a key global arbitration forum. What led to its rise and rise?

Korea’s energy transition: What are the risks for investors?

  • With the drive to net zero set to dominate the agenda for decades, we survey the pitfalls for Korean energy companies invested in projects around the globe

A New Era: Foreign State Immunity in the PRC and Hong Kong

  • The adoption of the new PRC Foreign State Immunity Law expands the scope to sue and enforce against foreign states in the PRC and Hong Kong courts, including in relation to arbitration agreements and arbitral awards

Spotlight interviews

  • Partners Stuart Paterson and Nick Oury feature in our spotlight articles, shedding light on their specialisms in the Middle East and their story so far.

Previous issues and articles can be viewed here. We hope that you enjoy reading Issue 17 of Inside Arbitration and would welcome any feedback you may have.

For more information, please contact partners Paula Hodges KC, Simon Chapman KC and Andrew Cannon or your usual Herbert Smith Freehills contact.

Chris Parker KC
Chris Parker KC
Partner, London
Jonathan Turnbull
Jonathan Turnbull
Partner, London
Rebekah Gay
Rebekah Gay
Joint Global Head of IP, Sydney
+61 2 9225 5242
Andrew Moir
Andrew Moir
Partner, London
+44 20 7466 2773
Andrew Wells
Andrew Wells
Partner, London
+44 20 7466 2929
Emma Iles
Emma Iles
Partner, Melbourne
+61 2 9225 5242
Rachel Montagnon
Rachel Montagnon
Professional Support Consultant, IP
+44 20 7466 2217
Louise Barber
Louise Barber
Senior Associate (Australia)
+44 20 7466 2140