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28 July 2021
Inside Arbitration: Offshore arbitration in India-related commercial contracts: Wind in the sails
Keeping up with arbitration developments in India can be challenging. Since 2015, the arbitration law has been amended three times, two major arbitration institutions have been established and the government has proposed a quasi-regulator for arbitrators and arbitral institutions. Yet one...
28 July 2021
New law on escalation clauses in Hong Kong
Key judgment on arbitration clauses affecting thousands of commercial contracts Many commercial contracts contain "escalation clauses"requiring parties to take certain steps before formal arbitration begins – such as a requirement to "negotiate in good faith" before starting arbitration.
28 July 2021
Hot topics in Construction Arbitration
The past year has been a turbulent time for the global construction industry, with many construction projects around the world having been affected in some form or another by delays, disruption and cost overruns arising directly or indirectly from the Covid-19 pandemic. Whilst there have been...
02 July 2021
Australian court provides guidance on drafting of arbitration agreements and reasoning of awards
In a recent blog post , we discussed Australia’s pro-enforcement approach to foreign arbitral awards. A recent case of the Victorian Court of Appeal ( VCA ) affirms this approach in relation to domestic awards.
25 June 2021
Federal Court of Australia continues to reinforce Australia’s pro-enforcement approach to foreign arbitral awards
A recent case of the Federal Court of Australia affirms the Australian courts’ pro-enforcement approach to foreign arbitral awards under the regime of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention ).
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...
10 March 2021
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration ( ACICA ) released the inaugural Australian Arbitration Report ( Report ). The Report analysed data obtained by ACICA and FTI Consulting in the inaugural Australian Arbitration Survey ( Survey ). The Survey collected...
25 February 2021
Inside Arbitration: A new frontier - What does the Brexit deal mean for cross-borderdispute resolution and for London-seated arbitration?
The transition period under the Withdrawal Agreement has now come to an end and, following the last minute announcement of a deal between the UK and EU on 30 December 2020, businesses across the world are assessing the practical implications of Brexit for doing business in the UK and the EU going...
25 February 2021
Inside Arbitration: Party autonomy prevails Revisiting London after the latest Supreme Court decisions
Against the backdrop of Brexit, there has been an increased interest in London as an arbitral seat, intensifying with the UK’s exit from the EU in January 2020 and over the few months leading up to the end of the transitional arrangements on 31 December 2020. This greater focus on London has...
25 February 2021
Inside Arbitration: The New ICC Rules 2021: What you need to know
The new ICC Rules 2021 (2021 Rules) came into force on 1 January 2021. When released in draft in October 2020 they were announced as “ another step towards even more efficient, flexible and transparent ICC Arbitrations ”. The 2021 Rules came hot on the heels of the release of the new LCIA Rules...
25 February 2021
Inside arbitration: Spotlight interview: Kath Sanger
Born and bred in Yorkshire, UK, Kath has lived and worked in Mainland China and Hong Kong since 2002. She joined our Hong Kong Arbitration Team as a Partner in October 2016, after many years in the Disputes team of Clifford Chance. Kath is a commercial arbitration specialist with a broad practice...
25 February 2021
Inside arbitration: ASIs to the rescue using anti-suit injunctions to protect an arbitration agreement
International, commercial parties overwhelmingly elect to arbitrate their cross-border disputes, rather than taking them to court. As a matter of law, an arbitration agreement ousts the jurisdiction of any national court to decide the substance of the dispute. Despite this, our clients increasingly...
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15 September 2021
International Construction Law Conference 2021
King’s College London, Centre of Construction Law and Dispute Resolution, in collaboration with The Academy of Experts presents International Construction Law Conference 2021 Wednesday 15 September 2021 , held online and in person (restrictions permitting)* at King's College London starting at 09...
05 August 2021
Future of Work: Technology in the workplace – friend or foe?
The changes that have been thrust upon employers as a result of the Covid-19 pandemic, and the speed with which employers have adapted to them, have undeniably transformed the world of work. Technology has been at the core of much of this. It seems hard to fathom now, but 18 months ago many of us...
03 August 2021
Shipwrecked in the Federal Court: ACCC suffers comprehensive loss against NSW Ports
The Federal Court has handed down its decision in Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720, rejecting the ACCC’s case that the NSW State Government’s port privatisation process contravened the Competition and Consumer Act 2010 ( CCA )...
03 August 2021
Integrating Circular Policies: Closing the Loop
The transition towards a circular economy is central to global sustainability objectives. These objectives include the United Nations (UN) sustainable development goals, with its target to substantially reduce waste generation by 2030 through prevention, reduction, recycling and reuse, and the...
02 August 2021
“Why cannot our own creations also create?”: AI systems can be patent inventors in Australia
An artificial intelligence system is capable of being named as an “inventor” of patentable subject matter, according to the Federal Court’s recent decision in Thaler v Commissioner of Patents . 1 Subject to any appeal, this decision has salient implications for the ways in which inventorship,...
29 July 2021
Clearer guidance has arrived: The Takeovers Panel’s revised Equity Derivatives Guidance Note to come into effect from October 2021
The Takeovers Panel has given notice that the revised Guidance Note 20 on Equity Derivatives will come into effect from Monday, 4 October 2021. This article provides a reminder of the key changes contained in the new Guidance Note 20 on Equity Derivatives that market participants and their legal...
29 July 2021
Takeovers in the UK: addressing the proliferation of global regulatory approvals – recent changes to the UK's Takeover Code, effective 5 July 2021
The rules in the UK's Takeover Code relating to conditions to an offer and the offer timetable have been amended. The changes align the UK Takeover Panel's treatment of EU and UK merger control conditions with its approach to clearances in other jurisdictions; simplify the offer timetable; and make...
28 July 2021
The Future of Consumer – 2021 APAC predictions
2020 presented a number of significant challenges with Covid-19 accelerating some of the existing trends in the consumer sector – and we expect to see these issues driving some real turning points in 2021, as our Asia-Pacific Consumer team will explore in this series. Trust continues to be a major...
28 July 2021
Inside Arbitration: Spotlight on Antony Crockett
Antony is a disputes lawyer, specialising in public international law. He leads our global Business and Human Rights practice and is a member of the firm's Environmental, Social and Governance (ESG) leadership group. Originally from Australia, Antony has lived and worked abroad for most of his...
28 July 2021
Inside Arbitration: Offshore arbitration in India-related commercial contracts: Wind in the sails
Keeping up with arbitration developments in India can be challenging. Since 2015, the arbitration law has been amended three times, two major arbitration institutions have been established and the government has proposed a quasi-regulator for arbitrators and arbitral institutions. Yet one...
28 July 2021
New law on escalation clauses in Hong Kong
Key judgment on arbitration clauses affecting thousands of commercial contracts Many commercial contracts contain "escalation clauses"requiring parties to take certain steps before formal arbitration begins – such as a requirement to "negotiate in good faith" before starting arbitration.