Arbitration Notes

MERCOSUR AND THE EUROPEAN UNION AGREE HISTORIC AND AMBITIOUS TRADE AGREEMENT

Malaysia's High Court rules that third parties are not prohibited from disclosing confidential documents produced in arbitration proceedings

In Dato' Seri Timor Shah Rafiq v Nautilus Tug & Towage Sdn Bhd [2019] MLJU 405, the High Court considered for the first time the new section 41A of …

English High Court sets aside award for failure to properly cross-examine a witness on a core issue and basing its decision on matters not properly argued by the parties

INSIDE ARBITRATION: ISSUE #8 OF THE PUBLICATION FROM HERBERT SMITH FREEHILLS' GLOBAL ARBITRATION PRACTICE

ENFORCEMENT OF ARBITRATION AWARDS ACROSS EMEA PODCAST SERIES - EPISODE 1: RUSSIA

Malaysia's Federal Court grants third party anti-arbitration injunction

It is an oft-repeated rule that only signatories to an arbitration agreement can be made party to arbitration proceedings. To this end, various …

VIAC TO BECOME SECOND FOREIGN INSTITUTION ACCREDITED TO HEAR RUSSIAN CORPORATE DISPUTES

On 18 June 2019, the Vienna International Arbitral Centre ("VIAC") received a recommendation to be recognised as a "permanent arbitration institution" …

CREATION OF NEW DELHI ARBITRATION CENTRE PROPOSED IN INDIA’S LOWER HOUSE OF PARLIAMENT

Based on the recommendations of the Sri Krishna Committee (previously discussed here), on 3 July 2019, the current Law Minister, Ravi Shankar Prasad, …

English Court rejects section 68 challenge on the primary ground that the Tribunal's decision was a Procedural Order and not an Award

In the recent case of ZCCM Investments Holdings PLC v Kansanshi Holdings PLC & Anor [2019] EWHC 1285 (Comm), the English Court (the Court) rejected a …

MALAYSIAN COURT OF APPEAL CONSIDERS INJUNCTIONS TO RESTRAIN THE CALLING OF PERFORMANCE BONDS IN SUPPORT OF ARBITRATION

In the first half of 2019, Malaysia's Court of Appeal considered no less than four appeals relating to applications to restrain the calling of …

HERBERT SMITH FREEHILLS OPENS APPLICATIONS FOR INTERNATIONAL ARBITRATION INTERNSHIPS IN ITS MARKET-LEADING LONDON OFFICE

Herbert Smith Freehills is now accepting applications for two internship opportunities in our international arbitration team in London. The programme …

ENGLISH COURT GRANTS ANTI-SUIT INJUNCTION ORDERING THE DEFENDANT TO DISCONTINUE ITS CLAIM IN A NEW YORK COURT UNDER A D&O INSURANCE POLICY