“Arbitration notes” is Herbert Smith Freehills’ new arbitration know-how and news blog where you will find the latest developments on international arbitration topics.
Articles: 1-10 of 832
The Fifth Amendment of the thai Arbitration Rules: Can small changes make a big difference?
Thailand - October 3 2023 On 19 September 2023, the Thai Arbitration Institute, Office of the Judiciary (“TAI”) published the Fifth Amendment to its Arbitration Rules…
UK Supreme Court interprets the “stay” provisions of s9 of the Arbitration Act 1996: rules Mozambique’s claims fall outside scope of arbitration agreements and rejects s9 application for stay
Mozambique, United Kingdom - September 22 2023 In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found that the Republic of…
English court retains power to award costs after arbitration challenge dismissed
United Kingdom - September 19 2023 In Viking Trading OU v Louis Dreyfus Suisse SA [2023] EWHC 2160 (Comm) the English Commercial Court clarified its discretionary power to grant costs…
Hong Kong to apply commercial exception to state immunity following landmark change in PRC law
Hong Kong - September 19 2023 Foreign states will no longer be immune from suit or execution in Hong Kong in respect of commercial activities, with effect from 1 January 2024…
English Commercial Court refuses to issue anti-suit injunction for Paris arbitration in the case of SQD v QYP
United Kingdom - September 8 2023 In SQD v QYP [2023] EWHC 2145 (Comm), the English Commercial Court refused to issue an anti-suit injunction (ASI) and anti-enforcement injunction to…
Law Commission publishes Final Report and draft Bill for amendments to the English Arbitration Act
United Kingdom - September 6 2023 The Law Commission today published its much anticipated Final Report on the English Arbitration Act (the Act), accompanied by a draft Bill. Although…
New Rules for Emergency Arbitration in Chile
Chile - September 1 2023 On August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency…
Hong Kong court upholds claimant’s jurisdictional challenge in relation to non-party seeking joinder
Hong Kong - August 24 2023 The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the Tribunal’s ruling…
U.S. Supreme Court Mandates Stay of Trial Court Proceedings During Arbitrability Appeals
USA - August 22 2023 The U.S. Supreme Court, in an opinion by Justice Kavanaugh for a five-Justice majority, held in Coinbase, Inc. v. Bielski that when the losing party…
The arbitrability of employment disputes in Australia
Australia - August 17 2023 In Reeves v Alt Advisory (Jersey) Limited and Alt Financial Group Limited [2023] VSC 249 (Reeves), the Supreme Court of Victoria has enforced a…
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