Arbitration Notes

ENGLISH HIGH COURT FINDS THAT ARBITRATOR ERRED IN LAW IN FINDING EXPRESS "WITHOUT PREJUDICE" CORRESPONDENCE ADMISSIBLE ON COSTS BUT FINDS IMPLIEDLY "WITHOUT PREJUDICE" CORRESPONDENCE ADMISSIBLE

Hong Kong–Mainland interim relief arrangement to take effect 1 October

The Supreme People's Court of China and the Department of Justice of Hong Kong SAR announced today that the Arrangement Concerning Mutual Assistance in …

THE MALDIVES ACCEDES TO THE NEW YORK CONVENTION

'WINGING' IT ON ENFORCEMENT? SOUTH AFRICAN COURT LIFTS ATTACHMENT OVER TANZANIAN PLANE BECAUSE UNDERLYING AWARD 'CEASED TO EXIST'

Herbert Smith Freehills supports "The African Promise"

International arbitration does not lack critics. A particularly common criticism is the absence of cultural and ethnic diversity among arbitrators.  …

CONSTRUCTION ARBITRATION PODCAST SERIES EPISODE 1: INTRODUCTION TO CONSTRUCTION ARBITRATION

PRO-ENFORCEMENT STANCE OF ENGLISH COURTS IS PUT TO TEST IN S103(5) APPLICATION FOR ADJOURNMENT OF ENFORCEMENT

Hong Kong court: remission for reconsideration – not an automatic cure for substantial injustice

In P v. M [2019] HKCFI 1864; HCCT 6/2019 (24 July 2019), the Hong Kong Court of First Instance set aside parts of two arbitral awards which were found to …

HONG KONG: COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN FOREIGN PROCEEDINGS IN BREACH OF AN ARBITRATION AGREEMENT UNDER AN INSURANCE POLICY

In the recent case of AIG Insurance Hong Kong Ltd v Lynn McCullough and William McCullough [2019] HKCFI 1649, the Hong Kong Court of First Instance (CFI) …

New BAC Rules to enter into force on 1 September 2019

The Beijing Arbitration Commission (BAC) has updated its arbitration rules and fee schedule. The new versions will replace the current (2015) version, …

Herbert Smith Freehills - SMU Asian Arbitration Lecture

This year marks the ninth edition of the Herbert Smith Freehills - SMU Asian Arbitration Lecture Series. We are delighted that The Honourable Justice …

No If, No But – Will an arbitration agreement always trump a winding-up petition?

In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out …