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Arbitration notes Blog

Articles: 1-10 of 735

Hong Kong one step closer to arbitration success fees

Hong Kong - June 30 2022 Amendments to the Arbitration Ordinance, gazetted today, are the latest stage in the process to allow lawyers to charge based on success in an…

Indian Supreme Court orders arbitrator backlog to be cleared

India - June 16 2022 The Indian Supreme Court has directed the High Courts to decide within six months applications to appoint arbitrators that have been pending for over…

Section 1782 update: U.S. Supreme Court rules that U.S. discovery cannot be used for international commercial arbitration and Investment Arbitration

USA - June 16 2022 On June 13, 2022, the U.S. Supreme Court unanimously ruled in ZF Automotive US, Inc. v. Luxshare, Ltd., 21-401, 2022 WL 2111355 (U.S. June 13, 2022)…

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

Hong Kong - June 7 2022 Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal regarding escalation clauses - contractual provisions…

LCIA publishes its casework report for 2021 - showing among other things an increased number of cases from North America and the Middle East and continued improvement in arbitrator diversity in appointments by the LCIA Court

Global - June 7 2022 The LCIA has published its Casework Report for 2021, its annual summary of its caseload and trends. It reported fewer new cases than in the record…

English High Court confirms that a non-participating party may contest jurisdiction even though an arbitrator has been appointed

United Kingdom - June 7 2022 In National Investment Bank Ltd v Eland International (Thailand) Co. Ltd and another [2022] EWHC 1168 (Comm), the English High Court considered the…

Inconsistent dispute resolution clauses - exploring the limits of the Fiona Trust presumption

Hong Kong - May 25 2022 The presumption that “rational businessmen” intend all their disputes to be resolved in the same forum may not apply where the parties clearly…

The French Supreme Court upholds set aside of award due to evidence of money laundering

France - May 20 2022 In Belokon v. Kyrgyzstan (Cass. Civ. 1ère, 23 March 2022, No. 17-17.981), the French Supreme Court upheld the 2017 decision of the Paris Court of…

Use of arbitration in the banking and finance sector (part 1): LCIA statistics show growth

European Union, Hong Kong, United Kingdom - May 19 2022 The LCIA has released its Annual Casework Report for 2021, showing that disputes in the Banking and Finance sector represented the LCIA’s biggest…

Turkmenistan becomes party to New York Convention

USA - May 12 2022 Turkmenistan has become the 170th state party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the…