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Searching Content indexed under Litigation, Mediation & Arbitration by Herbert Smith Freehills ordered by Published Date Descending.
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1
Section 1782 Update: U.S. Discovery In Aid Of International Commercial Arbitrations
As we have explained in a previous post, Section 1782 of the United States Code (28 USC § 1782, titled "Assistance to foreign and international tribunals and to litigants before such tribunals")
United States
14 Oct 2019
2
High Court Finds Terms Of English Law Facility Agreement Allowed Borrower To Withhold Interest Payments Given Risk Of US "Secondary" Sanctions
In a recent decision, the High Court has found that the terms of a Facility Agreement governed by English law allowed the borrower to withhold payment of interest instalments
Worldwide
11 Oct 2019
3
Malaysia's High Court Allows Judicial Inquiry Of Damages For A Wrongfully Granted Court-Ordered Injunction Without Awaiting The Outcome Of The Arbitration
In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), ...
Malaysia
10 Oct 2019
5
Hong Kong–Mainland Interim Relief Arrangement Takes Effect Today, 1 October
The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong
Hong Kong
9 Oct 2019
6
A No-Deal Brexit: The Implications For Disputes
As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit
European Union
4 Oct 2019
7
Hong Kong–Mainland Interim Relief Arrangement To Take Effect 1 October
The Supreme People's Court of China and the Department of Justice of Hong Kong SAR announced today that the Arrangement Concerning Mutual Assistance...
Hong Kong
3 Oct 2019
8
The Maldives Accedes To The New York Convention
The Maldives recently became the latest state party to the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention").
UK
30 Sep 2019
9
Court Of Appeal Orders Early Neutral Evaluation Despite Party Objection
The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course.
UK
27 Sep 2019
10
FSCA Levies Record R1.5 Billion Fine Against Steinhoff International Holdings N.V. For False, Misleading And Deceptive Statements To The Market
On 12 September 2019, the South African Financial Sector Conduct Authority (FSCA) announced the conclusion of its investigations into Steinhoff International Holdings N.V. (Steinhoff).
South Africa
25 Sep 2019
11
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
South Africa
25 Sep 2019
12
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of UK, check out our comparative guides section to compare across multiple countries
UK
25 Sep 2019
13
‘Winging' It On Enforcement? South African Court Lifts Attachment Over Tanzanian Plane Because Underlying Award ‘Ceased To Exist'
Mr Steyn was awarded over US$36.3 million in compensation for expropriation of his property.
South Africa
24 Sep 2019
14
The New Singapore Convention: Some Practical Issues To Consider Now
This is because, unlike most other enforcement treaties, it does not operate on the basis of reciprocity between contracting states.
UK
24 Sep 2019
15
CJEU Refuses UK High Court's Request For Preliminary Ruling On SPC Applications Based On Third-Party MAs, On Account Of Referred Question Being "Hypothetical" (C-239/19 Eli Lilly v Genentech)
On 5 September 2019, the Ninth Chamber of the CJEU refused a request for referral in relation to the interpretation of Article 3(b) of Regulation (EC)
European Union
24 Sep 2019
16
High Court Finds Impliedly "Without Prejudice" Correspondence Admissible On Questions Of Costs
In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice"
UK
24 Sep 2019
17
GDPR In The Context Of Litigation
Among the extensive discussion of the General Data Protection Regulation (GDPR) over the past two years, one area where there has been a marked lack
UK
23 Sep 2019
18
Herbert Smith Freehills Supports "The African Promise"
International arbitration does not lack critics. A particularly common criticism is the absence of cultural and ethnic diversity among arbitrators.
UK
23 Sep 2019
19
Privilege: A Reminder Of The Dangers Of Cherry Picking
The Employment Appeal Tribunal (EAT) has held that an employer waived privilege in redacted parts of a draft dismissal letter setting out...
UK
19 Sep 2019
20
Construction Arbitration Podcast Series Episode 1: Introduction To Construction Arbitration
Complex construction projects commonly give rise to disputes, which are often referred to arbitration. But what makes a construction arbitration different from any other type of commercial arbitration?
UK
9 Sep 2019
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