Inside Arbitration: Issue 21
Marking a decade of Inside Arbitration, this edition brings together the themes shaping today’s international arbitration landscape
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17 July 2014
Australian Court upholds primacy of the arbitral fact finding process
On 16 July 2014, the Full Federal Court of Australia handed down its reasons for dismissing TCL Air Conditioner (Zhongshan) Co Ltd’s (TCL) appeal[1] from …
17 July 2014
A further step towards transparency: UNCITRAL approves Draft Convention on Transparency in Treaty-Based Investor-State Arbitration
On 9th July 2014, at its 47th session, the United Nations Commission on International Trade Law (UNCITRAL) approved a Draft Convention on Transparency in …
15 July 2014
UNCLOS Annex VII Tribunal decides Bangladesh-India maritime boundary dispute
On 7 July 2014, an Arbitral Tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea 1982 (the Convention) issued its …
15 July 2014
"A Delicate Matter": English Court considers enforcement of awards set aside by the courts of the seat and ability to claim post-award interest in those circumstances
In the case of Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) the English Court considered two preliminary issues relating to the …
15 July 2014
Chinese Supreme People’s Court issues five-year reform plan to enhance judicial independence
Background The Supreme People's Court of China ("SPC") issued its fourth five-year reform plan for courts on 9 July 2014. The reform is one …
09 July 2014
English Commercial Court rejects application by U&M Mining Zambia Ltd for security for sums due under award pending challenge
In Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm), the English Commercial Court considered two related applications on …
04 July 2014
English High Court: requirement to engage in time limited "friendly discussions" before arbitration is enforceable
In the 1 July 2014 decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), Teare J considered whether …
04 July 2014
Towards a Treaty on Business and Human Rights?
The Human Rights Council has adopted a resolution establishing a new working group with a mandate to elaborate “an international legally binding …
03 July 2014
Commencing court proceedings in breach of an arbitration agreement: The risk of indemnity costs
In the recent decision of Pipelines Services WA Pty Ltd v ATCO Gas Australia Pty Ltd [2014] WASC 10 (S), his Honour Chief Justice Martin of the Supreme …
03 July 2014
New ruling of the French Cour de cassation in the Tecnimont judicial saga on challenge of an arbitrator
In Avax v Tecnimont (Civ. 1ère, 25 June 2014, pourvoi n° 11-26.529) the French Supreme Court reviewed the Paris Court of Appeal’s decision regarding the …
03 July 2014
Going South …. Singapore High Court diverges from English Court's position on governing law of the arbitration agreement
The recent decision of the Singapore High Court in FirstLink Investments Corp Ltd v. GT Payment Pte Ltd and others [2014] SGHCR 12 highlighted the …
27 June 2014
Sanctions Update: EU and US introduce further sanctions in response to the situation in Ukraine; EU amends sanctions against Libya, Central African Republic and Syria
Herbert Smith Freehills has published its latest Sanctions Update e-bulletin, on the latest developments in sanctions regimes in Ukraine, Libya, …
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Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong
Andrew Cannon
Partner, Head of International Arbitration, London and Paris
Dr Patricia Nacimiento
Partner, Germany
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Thierry Tomasi
Partner, Paris
Christian Leathley
Partner, Head of International Arbitration, US, London and New York
Craig Tevendale
Partner, Head of Energy Sector, London
Gitta Satryani
Managing Partner, Singapore Office, Singapore