Searching Content indexed under Arbitration & Dispute Resolution by Herbert Smith Freehills ordered by Published Date Descending.
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Section 1782 Update: U.S. Discovery In Aid Of International Commercial Arbitrations
As we have explained in a previous post, Section 1782 of the United States Code (28 USC § 1782, titled "Assistance to foreign and international tribunals and to litigants before such tribunals")
United States
14 Oct 2019
Malaysia's High Court Allows Judicial Inquiry Of Damages For A Wrongfully Granted Court-Ordered Injunction Without Awaiting The Outcome Of The Arbitration
In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), ...
10 Oct 2019
Hong Kong–Mainland Interim Relief Arrangement Takes Effect Today, 1 October
The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong
Hong Kong
9 Oct 2019
A No-Deal Brexit: The Implications For Disputes
As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit
European Union
4 Oct 2019
Hong Kong–Mainland Interim Relief Arrangement To Take Effect 1 October
The Supreme People's Court of China and the Department of Justice of Hong Kong SAR announced today that the Arrangement Concerning Mutual Assistance...
Hong Kong
3 Oct 2019
The Maldives Accedes To The New York Convention
The Maldives recently became the latest state party to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention").
30 Sep 2019
Court Of Appeal Orders Early Neutral Evaluation Despite Party Objection
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course.
27 Sep 2019
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of UK, check out our comparative guides section to compare across multiple countries
25 Sep 2019
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
South Africa
25 Sep 2019
‘Winging' It On Enforcement? South African Court Lifts Attachment Over Tanzanian Plane Because Underlying Award ‘Ceased To Exist'
Mr Steyn was awarded over US$36.3 million in compensation for expropriation of his property.
South Africa
24 Sep 2019
The New Singapore Convention: Some Practical Issues To Consider Now
This is because, unlike most other enforcement treaties, it does not operate on the basis of reciprocity between contracting states.
24 Sep 2019
High Court Finds Impliedly "Without Prejudice" Correspondence Admissible On Questions Of Costs
In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice"
24 Sep 2019
Herbert Smith Freehills Supports "The African Promise"
International arbitration does not lack critics. A particularly common criticism is the absence of cultural and ethnic diversity among arbitrators.
23 Sep 2019
Construction Arbitration Podcast Series Episode 1: Introduction To Construction Arbitration
Complex construction projects commonly give rise to disputes, which are often referred to arbitration. But what makes a construction arbitration different from any other type of commercial arbitration?
9 Sep 2019
Pro-Enforcement Stance Of English Courts Is Put To Test In S103(5) Application For Adjournment Of Enforcement
In the recent case of AIC Limited v. The Federal Airports Authority of Nigeria, the English High Court revisited the difficult question of whether to exercise its discretion under s103(5)
5 Sep 2019
New BAC Rules To Enter Into Force On 1 September 2019
The Beijing Arbitration Commission (BAC) has updated its arbitration rules and fee schedule. The new versions will replace the current (2015) version, with effect from 1 September 2019.
23 Aug 2019
Disputes Over Terms Of Settlement Underscore The Importance Of Robustly Drafted Settlement Agreements
As the spotlight shines on mediated settlements with the signing of the Singapore Convention on Mediation on 7 August 2019
22 Aug 2019
No If, No But – Will An Arbitration Agreement Always Trump A Winding-Up Petition?
In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out of online forex futures trading debts.
Hong Kong
21 Aug 2019
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