REUTERS | Aziz Taher
December 13, 2018

Feeding back to arbitrators?

On 20 November 2018, about 50 participants attended Quadrant Chambers’ biannual international arbitration seminar. The topic for discussion and debate was “Feeding back to arbitrators”. The panel event was chaired by Simon Rainey QC of Quadrant Chambers and the speakers were Paula Hodges QC, head of global arbitration at Herbert Smith Freehills and future LCIA President, Damian Honey, Head of International Arbitration and Disputes at Holman Fenwick Willan, and Ruth Hosking of Quadrant Chambers. Continue reading →

REUTERS | Pilar Olivares
December 10, 2018

The DIFC as a conduit: alive and kicking… after all! (Part 2)

As I anticipated in Part 1 of this blog, recent case law precedent of the Dubai International Financial Centre (DIFC) Court of First Instance (the CFI) has revived the DIFC Courts’ role as a conduit jurisdiction for the recognition and enforcement of a domestic non-DIFC award for onward execution onshore. By way of reminder, in Isai v Isabelle, the CFI already confirmed the concurrent jurisdiction of the onshore Dubai and the offshore DIFC Courts for recognition and enforcement of a DIFC-LCIA award rendered in onshore Dubai (as the seat of the arbitration) even in the absence of any assets of the award debtor offshore. Continue reading →

REUTERS | Mike Hutchings
December 3, 2018

Perspectives from the SOAS Arbitration in Africa Survey 2018

The SOAS Arbitration in Africa Survey report published earlier this year has sought to compile data to test the perception, based on some anecdotal evidence, that African arbitration practitioners are under-represented in arbitrations relating to the Africa region. The survey gathered data from 191 African arbitration practitioners on their participation in domestic and international arbitration over the period 2012-2017. Continue reading →

REUTERS | Murad Sezer
November 29, 2018

Botas v Tepe: state immunity in the context of arbitration enforcement

On 15 November 2018, in apparent disbelief at the deal which he had helped negotiate, the Secretary of State for Exiting the European Union, Dominic Raab, beat an impressive retreat into political oblivion.

When some of our politicians seem immune to their state responsibilities, what better time is there to consider the application of state immunity in the context of arbitration enforcement? Continue reading →

REUTERS | Darrin Zammit Lupi
November 28, 2018

The DIFC as a conduit: alive and kicking… after all! (Part 1)

The most recent case law of the Dubai International Financial Centre (DIFC) Court of First Instance (the CFI) (see Chenshan Liu v Dubai Waterfront LLC) shows that the DIFC as a conduit is alive and kicking. This is despite fears that the DIFC Courts’ role as a conduit jurisdiction for the recognition and enforcement of onshore non-DIFC awards in offshore DIFC for onward execution against assets of award debtors in onshore Dubai might be moribund. Continue reading →

REUTERS | Parwiz
November 16, 2018

New claims may be added relatively late in a proceeding if they are within scope of reference to arbitration

Arbitration specialists in solicitors’ firms are familiar with the evening phone call from transactional colleagues: “Can you look at our arbitration clause? We need to sign the contract tonight”. Frustrating as such entreaties can be, it is preferable to be asked in advance than to encounter a problematic clause for the first time after a dispute has arisen. Continue reading →

REUTERS | Kim Kyung-Hoon
November 15, 2018

The Pledge reaches 3,000 signatures

The Equal Representation in Arbitration Pledge (the Pledge), conceived as a call to action to address the historical under-representation of women in international arbitration, is celebrating reaching a milestone 3,000 signatories since its launch in May 2016. This blog post discusses the breakdown of these signatories, marks the Pledge’s progress to date and looks ahead to what more needs to be done. Continue reading →