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18 Sep 2024
Insight
Welcome to the 18th Issue of Inside Arbitration
In this issue, we continue our focus on the theme of the energy transition, digitalisation and climate change, which we know are of crucial importance to many of our clients:
- We start by focusing on Central Asia. We assess the risks and opportunities for investors in light of the region's large reserves of critical minerals and its potential as a hub for renewable energy.
- We also explore the benefits, risks and challenges of digitalisation in the construction industry, including looking at innovative solutions such as building information modelling. We consider how the arbitration procedure is uniquely well-placed for the resolution of technology-related disputes.
- We also consider the ongoing evolution and crystallisation of international law on climate change, looking specifically at the three advisory opinions that have been requested (of the International Court of Justice, the International Tribunal for the Law of the Sea and the Inter-American Court of Human Rights respectively).
- Sticking with the international plane, we also address space-related conflicts and the predicted rise of disputes in this sector, for example because of collisions between satellites or with space debris.
In addition to these themes, this issue also looks at some issues that come up in the practice of arbitration. This issue includes a practical toolkit on mediating disputes in the context of an arbitration and also explores the complex global landscape of privilege in arbitration. Both of these articles include input from colleagues around the HSF network as to best practice. We also shift our focus to the nuances of arbitrating insurance contracts, with guidance on clause drafting and strategy.
Finally, please take a look at our spotlight articles. We feature Emily Fox, Marco de Sousa and Murphy Mok, all of whom joined the Herbert Smith Freehills partnership on 1 May this year.
We hope you enjoy this jam-packed issue.
Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
Chapters
- Inside Arbitration – Issue 18
- Welcome to the 18th issue of Inside Arbitration
- Climate change before international courts – Explaining advisory opinions and why they matter
- Check your privilege – Exploring the different approaches to legal privilege in arbitration
- Spotlight on Emily Fox
- Disputes in space – The next frontier?
- Unearthing potential on the Silk Road – What Central Asia's critical minerals advantage means for investors
- Spotlight on Marco de Sousa
- A distinctive approach – Arbitration against insurers
- The digital transformation in construction – What you need to know
- Spotlight on Murphy Mok
- Views from the field – Mediation in arbitration
Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024