INSIDE ARBITRATION ISSUE 16: PERSPECTIVES ON CROSS-BORDER DISPUTES - 29 September 2023

We are delighted to share with you Issue 16 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice.

This edition highlights the vast global and industry span of arbitration as we explore the big-picture trends and regional developments defining the world of high-stakes dispute resolution. In addition to looking at recent arbitration news and developments, this issue features articles and interview spotlights from new partners across our global team.

Articles in this edition include:

• Legally speaking – Are large language models friends or foe?
  With the rise of generative AI raising fundamental questions about the future of disputes, clients and lawyers alike must weigh the risks and rewards of using the transformative technology.
• Risks and awards – Challenges of enforcement against states
  While countries have a larger playbook for frustrating proceedings, there are ways of anticipating their moves.
• Can we end discrimination in arbitration?
  The English Law Commission proposed a strong stance on diversity, but a workable strategy proved elusive.
• The undeniable rise of arbitration in Saudi Arabia
  A combination of the Kingdom's giga-projects and regulatory reforms are creating a new destination for international disputes.
• Bond calls in emergency arbitrations – what you need to know
  With the construction industry facing continued uncertainty, we explore how contractors can navigate emergency proceedings to restrain bond calls.
• Having your cake and eating it: Award challenges in Hong Kong and Singapore
  While parties choosing arbitration generally want finality, they also expect the opportunity to challenge flaws in the process. Striking the right balance requires supervising courts with sophistication and expertise.
• Choosing wisely – Selecting a seat for India-related arbitrations
  While Indian courts are increasingly pro-arbitration, delays and uncertainty can frustrate international parties.
• Can in-house teams recover their own arbitration costs?
  Despite being the preferred mechanism for resolving cross-border disputes, many still consider arbitration too costly. We assess what parties can do to recoup the costs.
• Spotlight interviews
  Partners Hannah Ambrose, Charlie Morgan and Catrice Gayer feature in our spotlight articles, shedding light on their specialisms in their regions and their story so far.

Previous issues and articles can be viewed here. We hope that you enjoy reading Issue 16 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.