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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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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
05 August 2020
Inside tech webinar series
Welcome to our Inside Tech webinar series. A series of TMT webinars covering topics such as fintech, digital infrastructure, healthtech, and growth and investments in Asia Pacific. New themes and episodes will be added regularly. To join a live webinar session, please register and save the calendar...
04 August 2020
Comparing the fault standards in Australian and UK shareholder class actions
Continuous disclosure obligations applicable to shareholder class action claims have been the subject of much debate in Australia in recent years. Recent amendments to the continuous disclosure provisions of the Corporations Act 2001 (Cth) are intended to reduce opportunistic shareholder class...
03 August 2020
Governance: CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020 - SOUNDBITE SERIES (UK)
Welcome to our soundbite series on the new Corporate Insolvency and Governance Act 2020 which came into effect on 26 June 2020. The provisions of the Act are complex and could have significant impact on companies in distress and their creditors, particularly landlords, suppliers, financial services...
30 July 2020
Funded class actions under the spotlight: Australian Federal Government introduces new regulations
On 24 July 2020, the Australian Federal Government introduced new regulations, removing the ‘managed investment scheme’ ( MIS ) and other financial services regulatory exemptions that apply for litigation funding schemes used in class actions.
30 July 2020
Human rights arguments increasingly deployed in climate change litigation
There has been a significant rise over the past five years in the number of climate change claims that have been based (at least in part) on human rights principles, according to the latest report from the London School of Economics Grantham Research Institute on Climate Change and the Environment...
29 July 2020
Pressure points: Trustees and administrators prepare for what’s ahead: Ombudsman to see a rise in complaints due to Covid-19 (UK)
The Pensions Ombudsman recently published both its Corporate Plan 2020-2023 and Annual Report for 2019/2020, which reveal that the number of enquiries the Ombudsman received has significantly increased in the last year. In addition, the Ombudsman expects the number of complaints to “undoubtedly”...
28 July 2020
UK autonomous sanctions underline importance of human rights due diligence
The importance of human rights and robust human rights due diligence was underlined earlier this month, by the UK government’s introduction of the Global Human Rights Sanctions Regulations 2020 (the “ Sanctions Regulations ”). The Sanctions Regulations are the UK’s first autonomous sanctions...
27 July 2020
Webinar: Workplace manslaughter developments in Australia – A national snapshot
Nearly all Australian States and Territories have approached the law around Workplace Manslaughter differently, in a further departure from the proposed ‘harmonisation’ of safety laws. The introduction of these very serious criminal offences is the topic of discussion in boardrooms, executive teams...
