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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

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

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

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

Dispute resolution clauses and the importance of drafting
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

The competence-competence doctrine and the enforcement of arbitral awards
  • Herbert Smith Freehills LLP
  • Pakistan, United Kingdom
  • January 25 2011

In our January 2009 newsletter, we reported on the English High Court judgment in Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan

OIC Investment Treaty investor protection in the Islamic world
  • Herbert Smith Freehills LLP
  • Libya, Middle East, Oman, Pakistan, Saudi Arabia, Syria, United Arab Emirates, United Kingdom
  • September 28 2012

One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will have from state expropriation of the investor’s assets and from other interference in the investment

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

“West Tankers” saga continues: court rejects tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • April 18 2012

In the most recent of a long running series of decisions arising from a collision between the Appellant’s vessel, the “Front Comor”, and a Sicilian pier owned by the vessel’s charterers, the English court has found that the majority of the tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an arbitration clause