Arbitration Notes

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

ENGLISH COURT ALLOWS SECTION 69 APPEAL ON POINT OF LAW AGAINST AWARD ISSUED BY JUDGE-ARBITRATOR

In the recent decision of Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] EWCA Civ 718 (available here), the Court of Appeal …

ENGLISH HIGH COURT OVERTURNS AN ARBITRAL AWARD AS IT HOLDS THAT AN ARBITRAL TRIBUNAL LACKED JURISDICTION OVER A DISSOLVED COMPANY PURSUANT TO SECTION 67 OF THE ENGLISH ARBITRATION ACT

The English Commercial court has overturned an arbitral award under section 67 of the English Arbitration Act 1996, finding that an arbitral tribunal …

LAUNCH OF HSF'S NEW BANKING LITIGATION BLOG

Herbert Smith Freehills has launched a new banking litigation blog, which you can find at https://hsfnotes.com/bankinglitigation. The blog will bring you …

ENGLISH COURT UPHOLDS S68 CHALLENGE TO ARBITRAL AWARD AND CRITICISES TRIBUNAL FOR TWO-YEAR DELAY

An arbitral award was recently challenged in the English High Court (the Court) in K v P [2019] EWHC 589 (Comm). In a rare example of a successful …

China's International Commercial Courts hear first cases

Almost a year since their high profile establishment in June 2018, the International Commercial Courts of the Supreme People's Court (CICC) have recently …