In this issue
02 News 03Interview with Paula Hodges QC: President of the LCIA 07Cybersecurity matters: Arbitration
away from prying eyes Nicholas Peacock, Vanessa Naish
and Charlie Morgan 12Choice of arbitral seat: Is Paris
under threat? Emily Fox, Peter Archer and
Tiphaine Leverrier 16Commercial arbitration in Europe:
What does the future hold outside Paris? 20Spotlight article: Eduardo SolerTappa and David Arias 24The role of arbitration in employment-related disputes: Practical uses and limitations P eter Frost, Barbara Roth, Hannah Ambrose and Paul Goulding QC 29 Arb-Italia: Italy's continuing commitment to arbitration Pietro Pouch and Natalie Yarrow
ISSUE 8 JULY 2019
Read our Arbitration and Public International Law blogs at
Arbitration Notes: http://hsfnotes.com/arbitration/
PIL Notes: http://hsfnotes.com/publicinternationallaw/
HERBERT SMITH FREEHILLS
Welcome to the eighth issue of Inside Arbitration
In our last issue we took an in-depth look at arbitration in Latin America and we have decided to once again take a regional focus, turning to Europe in this issue.
The firm has long had a sizeable European footprint starting in Paris in 1964, with highly experienced arbitration lawyers working together across our offices in Dsseldorf, Frankfurt, London, Madrid, Milan, Moscow and Paris. We have been delighted to further strengthen our existing European offering in the last few months with the promotion of Laurence Franc-Menget to partner in our Paris office and the arrival of our new Madrid partner David Arias, together with Of Counsel Luis Capiel and the rest of David's team.
This has also been an exciting time for me in my capacity as the new President of the LCIA. I am extremely honoured to have been chosen for this role. One of our spotlight articles covers my thoughts on the future development of the LCIA and the imminent update to the LCIA Rules. I also explore how my role at the LCIA has enriched the advice I can offer clients and how we can improve diversity in arbitration.
Joining me in the spotlight are Eduardo Soler-Tappa, who leads our dispute resolution practice in Madrid, and our latest partner recruit, David Arias. Eduardo and David reflect together on the success of the Madrid office over the last ten years, including a recent Spanish arbitration before an all-female tribunal, and also take a look at the future of Madrid as an arbitration seat.
Partners from a number of our European offices have joined together to look at key arbitration developments in the region, offering their predictions for what lies ahead. We begin in Germany, with thoughts from Patricia Nacimiento, Mathias Wittinghofer and Thomas Weimann. Highlights from Russia are contributed by Alexei Panich, followed by comments from Eduardo Soler-Tappa and David Arias in Madrid. I have then provided my views on developments in the UK, together with London partners, Craig Tevendale, Nick Peacock, Chris Parker and Andrew Cannon. This piece gives a flavour of the fascinating changes taking place across Europe, as arbitration continues to grow and develop.
Taking a look at cybersecurity and data privacy issues in arbitration, London partner Nicholas Peacock, Professional Support Consultant Vanessa Naish and Senior Associate Charlie Morgan discuss how to protect an arbitration from "prying eyes". We also explore the role of arbitration in employment-related disputes, discussed by partners Peter Frost and Barbara Roth and Senior Associate Hannah Ambrose along with guest author Paul Goulding QC of Blackstone Chambers.
We once again include our "Watch this space" page, where we highlight some key developments in global arbitration and how you can find out more about them.
I hope that you enjoy reading this edition's focus on Europe. We welcome any feedback you may have on the content of this issue and we should be delighted to hear from you to discuss your thoughts on the topics covered.
We continue our European tour with views from France and Italy. Of Counsel, Emily Fox covers the reasons behind Paris's popularity as a seat and why Paris is well-placed to participate in the increasing volume of Africa-related arbitration. She also provides insight into the likely impact of Brexit and increased competition from other arbitral seats. Milan-based Of Counsel, Pietro Pouch and London Associate, Natalie Yarrow consider the potential for the growth of arbitration in Italy, where litigation has historically held sway, but a more arbitration-friendly environment is now being promoted.