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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


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


“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


Arbitration in England: major court decisions of 20112012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 5 2012

This newsletter provides a snapshot of some of the key English judgments of 2011 and 2012 of interest to those involved, or potentially involved, in international arbitrations seated in London and therefore procedurally governed by English law


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


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


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


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


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