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10 June 2020
Enforcement of foreign arbitral awards in Australia (Tianjin Jishengtai Investment v Huang)
Arbitration analysis: This judgment involved a contested application to enforce in Australia a foreign arbitral award made in the People’s Republic of China. Having regard to the objects of the International Arbitration Act 1974 (IAA 1974), the court considered that the award should be enforced...
28 February 2020
Inside Arbitration: Spotlight on Bangkok: Chinnawat Thongpakdee and Warathoron Wongsawangsiri
Herbert Smith Freehills' Bangkok office was established in 1998. Since then, it has become one of Thailand's premier commercial litigation and arbitration practices, offering both Thai and international disputes and regulatory advice. Bangkok is an important pillar of our Southeast Asia...
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
08 April 2019
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to assume the role of mediator during the course of arbitration proceedings – otherwise known as ‘med-arb’. 1
28 November 2018
London Construction and Infrastructure Disputes Group authors chapter in GAR Guide to Construction Arbitration
London-based Construction & Infrastructure Disputes partners James Doe and David Nitek have authored the chapter on 'Construction Arbitration and Turnkey Projects' in the second edition of Global Arbitration Review’s Guide to Construction Arbitration .
27 July 2018
60 years of the New York Convention: a triumph of trans-national legal co-operation, or a product of its time and in need of revision?
The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards – known as the “New York Convention”- has been described as the most important and successful United Nations treaty in the area of international trade law. Renaud Sorieul, the Secretary of UNCITRAL has called it “the...
27 July 2018
The enforcement of arbitral awards: An ASEAN case study
To mark the 60th anniversary of the New York Convention, the South East Asian International Arbitration practice of Herbert Smith Freehills conducted a survey on the enforcement of arbitration awards in the ASEAN region to understand how the enforcement regime has operated in practice in the ASEAN...
27 July 2018
INSIDE ARBITRATION: Spotlight on Amal Bouchenaki
One of the global arbitration practice's newest partners discusses her route into arbitration, via the complexities of derivatives and project finance, the synergies between her LatAm and MENA practices, and her experience of single-handedly releasing a ship seized off the coast of Mauritania.
27 July 2018
INSIDE ARBITRATION: Spotlight on Helen Tang
Helen was recruited via the firm's PRC Scholarship programme, which targets outstanding native Mandarin speakers. On 1 May 2018, she became the latest PRC Scholar to be promoted to the partnership, and the first within the firm's Disputes practice. We asked about her experience of partnership so...
27 July 2018
Recent regional developments in South East Asia
The last 20 years have witnessed Singapore's meteoric rise to become one of the most popular arbitral seats globally. As the results of our recent survey on enforcement of arbitral awards in ASEAN states demonstrate (see page 7), Singapore also leads the pack for effective and efficient enforcement...
27 July 2018
INSIDE ARBITRATION: Spotlight on May Tai
May Tai is a Malaysian national who has spent her career in Herbert Smith Freehills' international arbitration practice, working on many of our largest, most complex cases. Since last year, she has also been the Managing Partner of our Greater China offices. We asked her to tell us about her...
27 July 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: Resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
27 July 2018
A view from Seoul: How is arbitration viewed in Korea and how is it changing?
Over the past four decades, South Korea has experienced unprecedented growth, transitioning from a modest economy in the 1960s, to the world's 11th-largest economy and 6th-largest exporter today. As the number of Korean cross-border deals has increased, so has the number of cross-border disputes...
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10 May 2021
London International Disputes Week 2021
10 – 14 May 2021 Herbert Smith Freehills is a proud founding member of LIDW. London International Disputes Week 2021 comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. Through a programme of...
08 April 2021
Real estate transfer tax (“RETT”) reform likely to be implemented on short notice
The German RETT reform is gaining momentum and an updated draft bill is contemplated to be voted on by the German parliament as early as mid-April. While a draft bill has not yet been published, with a few exceptions, the new rules are expected to be largely similar to a previous draft published in...
31 March 2021
SPACs and de-SPACing – What Australian companies need to know
In 2020, SPACs overtook traditional IPOs in the US by number and each of them will need to find acquisition targets or be liquidated within a set time frame. Increasingly, Australian companies are on the radar as acquisition targets for SPACs. In this article we examine what they are, why...
31 March 2021
Policyholder successfully challenges insurer’s refusal to cover ‘securities claim’
In good news for policyholders defending class actions, the Federal Court of Australia has rejected an insurer’s arguments that a class action settlement was not covered because: the units in an ASX-listed trust the subject of the proceedings were not “securities”; and the proceedings arose from...
31 March 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast on gambling law
This podcast, hosted by Steven Jacobs , will focus on unwinding the tangled web of US gambling laws past and present, telling the stories of the people affected by this sometimes-impenetrable and often-changing landscape, and providing insight on what will come next.
30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
29 March 2021
Pressure points: The light at the end of the Covid-19 tunnel? the landscape for arbitration and disputes in a time of uncertainty and hope
The approval and rollout of mass Covid 19 vaccinations across many parts of the world has prompted many to look ahead to a “post-Covid” world. For clients and practitioners of arbitration who have witnessed the almost overnight shift of arbitral practice into the virtual arena, that quest for a...
29 March 2021
UAE Cabinet approves the establishment of the Executive Office for AML and CFT
The UAE Cabinet has approved the establishment of the Executive Office of the Anti-Money Laundering and Countering the Financing of Terrorism to oversee the implementation of the UAE’s National AML/CFT Strategy and National Action Plan ( NAP ).
26 March 2021
Major foreign investment reforms in Australia – what you need to know
Significant amendments to Australia’s foreign investment regime commenced on 1 January 2021. Nearly three months after their commencement, we are beginning to see evidence of a more cautious approach by applicants seeking foreign investment approval. However, 2021 has also brought some positive...
24 March 2021
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...