Arbitration Notes

Commercial Court firmly rejects attempt to re-open challenges to arbitral award (WSB v FOL)

The Commercial Court has dismissed an application to set aside an order which dismissed challenges under sections 67 and 68 of the Arbitration Act 1996 …

Hong Kong gazettes success fee Bill

Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, …

DIAC and LCIA announce agreement regarding existing DIFC-LCIA cases

The Dubai International Arbitration Centre ("DIAC") and the London Court of International Arbitration ("LCIA") have announced in a joint press release …

ENGLISH HIGH COURT REJECTS FULL AND FRANK DISCLOSURE CHALLENGE TO EX PARTE ARBITRATION ORDER (GENERAL DYNAMICS V LIBYA)

In the recent decision of General Dynamics United Kingdom Ltd v State of Libya [2022] EWHC 501 (Comm) the English Commercial Court refused to set …

HERBERT SMITH FREEHILLS LAUNCHES THE 3RD EDITION OF ITS GUIDE TO DISPUTE RESOLUTION IN AFRICA

ENGLISH COMMERCIAL COURT ALLOWS APPEAL UNDER S.69 OF THE ARBITRATION ACT ON THE MEANING OF A REASONABLE ENDEAVOURS OBLIGATION

MALAYSIA: HIGH COURT CLARIFIES LIMITS ON STAY CONDITIONS

London Launch Event – Guide to Dispute Resolution in Africa, 3rd Edition

Herbert Smith Freehills is hosting a special in-person event in London to celebrate the launch of our updated Guide to Dispute Resolution in Africa …

The English court retains its robust approach to challenges to arbitral awards: Commercial Court releases its statistics

The Judiciary of England and Wales has published the Commercial Court Report 2020-2021 (The Report). These reports are released annually to give an …

English Court sets aside award on the ground that the arbitral tribunal lacked substantive jurisdiction

In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co., Ltd [2022] EWHC 181 (Comm), the Commercial Court has set aside an arbitral award under …

DIAC PUBLISHES NEW RULES TO COME INTO FORCE ON 21 MARCH 2022

The wait is finally over: the updated DIAC Arbitration Rules 2022 (“2022 Rules”) were published last week and enter into force from 21 March 2022. The …

The French Supreme Court employs the principle of procedural loyalty to prevent a jurisdictional challenge

In Tagli'apau v Amrest Holdings and al. (Cass. Civ. 1ère, 9 February 2022, No. 21-11253), the French Supreme Court reversed the decision of the lower …