INSIDE ARBITRATION ISSUE #11 PERSPECTIVES ON CROSS-BORDER DISPUTES

Welcome to the eleventh 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.

2021 has started with a challenging mix of hope and uncertainty but, with Covid-19 still dominating our personal and working lives, we have intentionally chosen not to focus on the pandemic as a major topic in this issue. Instead, we look at the developments, updates and long-awaited high profile judgments that have emerged over the past six months. By our next issue we hope we will have turned the corner and that the time will be right to start looking to the future and the legacy of Covid-19 for arbitration and disputes more widely.

Incorporating podcasts, videos and soundbites from our practitioners around the network, in this issue:

• Andrew Cannon, Hannah Ambrose and Vanessa Naish seek to simplify the impact of Brexit on dispute resolution clause choices and provide answers to the myriad of questions on this issue.
• Craig Tevendale, Simon Chapman QC, Thierry Tomasi and Vanessa Naish look at the changes to the ICC Rules which came into force on 1 January this year and the accompanying “Note to Parties”. They also give their perspective on the ICC as a global institution and its truly international reach. A podcast accompanies this article.
• Chris Parker, Alastair Henderson, David Arias and Rebecca Warder explore the controversy created from an international perspective by the long-awaited and high-profile judgments in two English Supreme Court cases: Halliburton v Chubb and Enka v Chubb.
• Simon Chapman QC and Briana Young look at the law and practice on anti-suit injunctions, including examples of how our clients are deploying them.
• Kath Sanger and Mike McClure feature in our spotlight interviews, looking at the disputes landscapes and trends in their regions and talking about their career history and the journey that has brought them to this point.
• Chad Catterwell, Maguelonne de Brugiere and Helin Laufer return to the discussion around the efforts of our team members to truly work towards the prospect of “Greener Arbitration”.
• The resilience and strength of the global arbitration community is highlighted in two short reports of virtual events held by Herbert Smith Freehills in Singapore and Hong Kong that drew together participants from across the world.
• Our “watch this space” page briefly mentions trending issues and developments.
• We share an infographic snapshot of our arbitration practice from August 2018 to August 2020.

Previous issues can be viewed on our website here.

We hope that you enjoy reading issue #11 of Inside Arbitration and would welcome any feedback you may have.