Inside Arbitration Issue 18: Perspectives on cross-border disputes

We are delighted to share with you Issue 18 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice.

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 assess the risks and opportunities for investors in light of Central Asia's large reserves of critical minerals and its potential as a hub for renewable energy, as well as exploring the benefits, risks and challenges of digitalisation in the construction industry. We consider the ongoing evolution and crystallisation of international law on climate change, and, sticking with the international plane, we also address space-related conflicts and the predicted rise of disputes in this sector.

In addition to these themes, we also look at some issues that come up in the practice of arbitration. We include a practical toolkit on mediating disputes in the context of an arbitration and also explore the complex global landscape of privilege in arbitration. We also shift our focus to the nuances of arbitrating insurance contracts, with guidance on clause drafting and strategy. 

Finally, this issue casts a spotlight on three new partners that joined the HSF partnership on 1 May this year; Emily Fox (based in Paris), Marco de Sousa (based in New York), and Murphy Mok (based in Hong Kong).

Articles in this edition include:

• Climate change before international courts – Explaining advisory opinions and why they matter

With advisory opinions likely to play a significant role on both international and domestic stages, we explain the impact for stakeholders.

• Check your privilege – Exploring the different approaches to legal privilege in arbitration

Despite arising in almost every arbitration, legal privilege is often overlooked by parties. We break down what you need to know.

• Disputes in space – The next frontier?  

The rapid development of the commercial space industry presents challenges for managing risks and resolving disputes.

• Unearthing potential on the Silk Road – What Central Asia's critical minerals advantage means for investors

With the region pushing to become the global supplier of raw materials essential to the energy transition, we assess the opportunities and risks.

• A distinctive approach – Arbitration against insurers

Understanding the nuances of arbitrating against insurers is essential for policyholders seeking to maximise recoveries.

• The digital transformation in construction – What you need to know

Digitalising the industry offers many potential benefits, but the right legal knowledge and frameworks will be vital moving forward.

• Views from the field – Mediation in arbitration

Our experts share their insights on how best to mediate when parties seek a compromise.

• Spotlight Interviews with Emily Fox, Marco de Sousa and Murphy Mok.

Previous issues and articles can be viewed here. We hope that you enjoy reading Issue 18 of Inside Arbitration and would welcome any feedback you may have.

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