Arbitration Notes

TRILOGY OF APPLICATIONS FOR ANTI-SUIT INJUNCTIONS – 2 OUT OF 3 AIN'T BAD!

There has been a trilogy of applications for anti-suit injunctions (ASIs) in the English courts brought by three banks (Deutsche Bank, Commerzbank and …

ENFORCEMENT OF MAINLAND PRC AWARD REFUSED IN HONG KONG DUE TO CONDUCT OF ARBITRATOR ATTENDING BY VIDEO CONFERENCE

The Hong Kong Court of First Instance has refused to enforce a Chengdu Arbitration Commission award on public policy grounds, due to "serious …

HONG KONG COURT SETS ASIDE DEFAULT JUDGMENT AND REFERS PARTIES TO ARBITRATION

The Hong Kong Court of First Instance has stayed proceedings under a loan agreement in favour of arbitration before the Guangzhou Arbitration Commission, …

LCIA "TYLNEY IN PARIS" – 29 OCTOBER 2023

The LCIA is holding a "Tylney on Tour" morning symposium in Paris on 29 October 2023, preceding the IBA Annual Conference. As part of an interesting and …

HONG KONG COURT REJECTS ATTEMPT TO OVERTURN ANTI-ARBITRATION INJUNCTION IN RUSSIA SANCTIONS CASE

The Hong Kong Court of First Instance has dismissed an application to discharge an anti-suit injunction restraining Russian court proceedings brought in …

REFORMING THE ARBITRATION ACT

On 6 September 2023, the Law Commission published its final report on the proposed reform of the Arbitration Act 1996, together with a draft amendment …

The Fifth Amendment of the Thai Arbitration Rules: Can small changes make a big difference?

On 19 September 2023, the Thai Arbitration Institute, Office of the Judiciary ("TAI") published the fifth amendment to its Arbitration Rules (originally …

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 …

HSF CEO CALLS FOR ARBITRAL INSTITUTIONS TO CONFRONT NEW ESG LANDSCAPE

A leading arbitration lawyer has called for arbitral institutions to be proactive in tackling Environmental, Social and Governance (ESG) issues …

HONG KONG TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY FOLLOWING LANDMARK CHANGE IN PRC LAW

Foreign states will no longer be immune from suit or execution in Hong Kong in respect of certain commercial activities and assets, with effect from 1 …

UK Supreme Court interprets the "stay" provisions of s9 of the Arbitration Act 1996: rules Mozambique's claims fall outside scope of arbitration agreements and rejects s9 application for stay

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of …

ENGLISH COURT RETAINS POWER TO AWARD COSTS AFTER ARBITRATION CHALLENGE DISMISSED