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Arbitration Update - A round up of Arbitration developments
  • Herbert Smith Freehills LLP
  • Australia, China, India, United Kingdom
  • January 6 2016

Since our last update there have been a number of noteworthy developments in arbitration from around the globe. The Arbitral Institutions have been


Construction newsletter - (number 78)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 31 2015

An employer cannot rely upon a contractor's failure to comply with a condition precedent for commencing arbitration, if the employer's action caused


The new LCIA rules
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 6 2014

The London Court of International Arbitration (LCIA) has formally adopted new Arbitration Rules which came into effect on 1 October 2014, and will


High Court rejects challenge to an arbitral award for serious irregularity
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 24 2013

In the case of Primera Maritime (Hellas) Limited and Others vs Jiangsu Eastern Heavy Industry Co Ltd and others, published on 15 October 2013, the


An end to “speculative” challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 3 2013

Over the past few years, we have seen a substantial rise in the number of applications to the English court challenging arbitral awards on grounds of


English High Court upholds two challenges to jurisdiction
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack


U&M Mining Zambia Ltd v Konkola Copper Mines Plc: Court of the seat does not have exclusive jurisdiction to grant interim measures in support of arbitration
  • Herbert Smith Freehills LLP
  • United Kingdom, Zambia
  • February 28 2013

In the recent case of U&M Mining Zambia Ltd v Konkola Copper Mines plc 2013 EWHC 260 (Comm), the court examined the question of whether English


Unilateral jurisdiction clauses may not always be effective
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance


English Court confirms principles it will apply in deciding whether materials produced in an arbitration should be disclosed
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 1 2013

The recent case of Westwood Shipping Lines Inc and another v Universal Schiffartsgesellschaft MBH and another 2012 EWHC 3837 (Comm) has confirmed


Speak now or forever hold your peace: S68 challenge for lack of opportunity to make full submissions fails
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 5 2012

It is well-known that applicants seeking to challenge an award under section 68 of the Arbitration Act 1996 (the “Act“) must overcome a high threshold in (i) establishing a serious irregularity and (ii) demonstrating that this serious irregularity has caused substantial injustice