Arbitration Notes

ICSID Publishes 2022 Annual Report

In early October 2022, ICSID published its 2022 Annual Report (available here). The Annual Report provides an overview of ICSID's activities during the …

Hong Kong Mediation Lecture 2022

We are pleased to announce that the annual Hong Kong Mediation Lecture will take place in hybrid format on Wednesday 9th November during Hong Kong Legal …

AUSTRALIAN FEDERAL COURT OF APPEAL ALLOWS PARTIES TO CONTRACT OUT OF MANDATORY JURISDICTION IMPOSED BY THE CARRIAGE OF GOODS BY SEA ACT 1991 (CTH)

In a recent decision, the Australian Federal Court of Appeal refused an anti-suit injunction which sought to prevent the commencement of arbitral …

Delhi High Court sets aside billion dollar ICC award on grounds of "patent illegality and fraud"

The Delhi High Court (the "Court") in a recent decision, has set aside a 2015 arbitral award of the International Chamber of Commerce ("ICC") which had …

ICSID tribunal upholds the recoverability of success fees for counsel in BSG Resources v Guinea

On 18 May 2022, an arbitral tribunal rendered its award in BSG Resources Limited (in Administration), BSG Resources (Guinea) Limited, BSG Resources …

The European Parliament's proposed regulation of litigation funders: what you need to know

The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The draft proposal can be found here …

Fine-tuning the English Arbitration Act: reactions to the Law Commission's consultation paper

Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the "Act"). The stated aim of the …

Upcoming Webinar: Attitudes to Compulsory Mediation in Arbitration and Litigation

On Wednesday 19 October 2022 at 12:30 pm (GMT) speakers from Herbert Smith Freehills will join the panel for a live London Chamber of Arbitration and …

NEW SOUTH WALES SUPREME COURT ALLOWS CALL ON BANK GUARANTEE DESPITE ONGOING ARBITRAL PROCEEDINGS

In a recent decision, the Supreme Court of New South Wales held that ongoing arbitral proceedings did not prevent a party from calling upon a guarantee …

ICSID Releases Latest Caseload Statistics for FY2022

On 4 August 2022, the International Centre for Settlement of Investment Disputes (ICSID) released its latest Annual Report for FY2022. We discuss the …

SIERRA LEONE PARLIAMENT APPROVES NEW ARBITRATION LEGISLATION

QUEENSLAND COURT OF APPEAL UPHOLDS ARBITRATION AGREEMENT IN ESCALATION CLAUSE