Arbitration Notes

ICC Arbitration Statistics Confirm Its Continued Popularity

EQUAL REPRESENTATION OF EXPERT WITNESSES SURVEY: THE CHALLENGES FACING FEMALE EXPERTS PERSIST

The Equal Representation for Expert Witnesses (ERE), which seeks to increase the number of women appointed as expert witnesses on an equal opportunity …

Hong Kong court to consider whether grounds for challenging awards apply to arbitration settlement agreements

Status of a procedural order which terminates proceedings and renders tribunal functus officio will also be considered

No implied provision for appeals on questions of law in share purchase agreement, Hong Kong court rules

Arbitration agreement concluded prior to 1 June 2011 did not provide expressly or impliedly for "domestic arbitration", hence regime for appeals on …

LCIA publishes its casework report for 2023 – an increase in cases with consolidation and early determination becoming more popular

The LCIA has recently published its Casework Report for 2023, providing valuable insights into the organisation's caseload and emerging trends. The …

LCAM-HSF survey on costs in mediation and arbitration

Following the success of the last two joint surveys on mediation in arbitration and attitudes towards mandatory mediation, we are pleased to announce …

Hong Kong court denies stay of award enforcement pending result of separate arbitration

Anti-set-off clause upheld by arbitrator meant that cross-claims in separate arbitration could not give rise to a set-off against the award debt; no …

Hong Kong court refuses leave to appeal on questions of law against interim injunction granted by arbitrator

Decision is the latest to underline the important distinction between awards and interim orders

Hong Kong court confirms power to grant security for costs in set-aside applications

The Hong Kong Court of First Instance has ordered three award debtors to pay HK$2 million (approximately US$250,000) as security for the costs of an …

Arbitration and consumer rights: the Eternity Sky appeal and personal guarantees

In Eternity Sky Investments Ltd v Xiaomin Zhang (with the CMA as intervener) [2024] EWCA Civ 630, the English Court of Appeal upheld an arbitration award …

English Commercial Court rejects novel argument that LCIA arbitration agreement frustrated by sanctions, granting anti-suit and anti-enforcement injunctions restraining Russian proceedings

In an ongoing dispute between Barclays Bank and VEB, the state development bank of the Russian Federation, the English Commercial Court has granted (i) …

Comity Central: English Commercial Court emphasises importance of comity in refusing to grant anti-suit injunction restraining Malaysian proceedings

In Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 986 (Comm), the English Commercial Court (the Commercial Court) refused an anti-suit …