Clifford Chance
Stay up to date with international arbitration developments from around the world.
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An update on early determination procedure in LCIA arbitration
One of the most significant developments in the latest Rules of Arbitration of the London Court of International Arbitration (LCIA) that took effect on 1 October 2020 (the LCIA Rules 2020) was the introduction of an early determination procedure.
Sachin Trikha Partner 2 March 2023
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Japan makes changes to arbitration and mediation regimes to improve dispute resolution landscape
Long-awaited changes to Japan's framework for dispute resolution were passed by the Diet on 21 April 2023. In addition to making changes to its arbitration law, Japan has also implemented legislation to implement the United Nations Convention on International Settlement Agreements Resulting from Mediation (the "Singapore Convention").
Peter Harris Partner 1 May 2023
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Balancing the interests of investors and States on the path to clean energy: investment protection and recourse to arbitration
197 Governments (and the European Union) have ratified or acceded to the Paris Agreement, pledging to pursue efforts to limit the global temperature rise to 1.5°C above preindustrial levels. To meet the 1.5°C target, international action will have to bring about a clean energy transition that is unprecedented in scale and opportunity.
Jessica Gladstone Partner 18 May 2023
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Satellites and Space: using arbitration to resolve disputes in the new frontier
This article discusses the increasing potential for disputes arising from the exponential growth in, and commercialisation of, space-related endeavours. It follows that there is a need for an effective dispute resolution mechanism.
Julia Dreosti Partner 16 May 2023
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Indian arbitration – one step forward, one step back
Over the past decade, India has sought to revitalise its commercial dispute resolution landscape. In particular, it has promoted arbitration as an alternative to litigation through legislative reform, the establishment of reputable arbitration institutions and fostering a pro-arbitration culture. Yet along with substantial progress, there is a continued tendency for the courts to issue decisions which threaten to act as roadblocks on the path to India's desired status as an arbitration hub.
Nish Shetty Partner, Clifford Chance Asia* 27 June 2023
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English court rejects Spain's immunity challenge to recognition of ICSID award In Infrastructure Services Luxembourg SARL v Kingdom of Spain the English Commercial Court rejected an application by Spain to set aside an order for registration of an ICSID award pursuant to the Arbitration (International Investment Disputes) Act 1966. 28 July 2023 Read more
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Guide to arbitration of disputes relating to cryptoassets and smart contracts
With arbitration fast becoming the dispute resolution option of choice in the crypto sector, we have authored a guide to its use and the specific issues that can arise.
Sam Brown Partner 16 August 2023
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Law Commission's final proposals for updates to Arbitration Act 1996
The Law Commission has released its final report on the Arbitration Act 1996 (the Act), setting out its proposals for limited reforms in a draft arbitration bill (the Draft Bill).
Benjamin Barrat Senior Associate Knowledge Lawyer 8 September 2023
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Supreme Court guidance on "matters" falling within scope of an arbitration agreement
The Supreme Court has handed down a key judgment in relation to the circumstances in which, pursuant to section 9 of the Arbitration Act 1996, a party can obtain a stay of proceedings in respect of a "matter" to be referred to arbitration under an arbitration agreement.
Marie Berard Partner 13 October 2023
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Decommissioning disputes: how to mitigate risks as we transition to renewable energy
Decommissioning of ageing fossil fuel assets is on the rise globally. It is an important part of energy transition, but is often a complex, costly, and risky business, especially in the offshore sector, with a high potential for disputes. This blog examines some of the risks associated with decommissioning and provides guidance on mitigating those risks.
Pat Saraceni Director, Litigation and Dispute Resolution 24 November 2023
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A Welcome Step in the Right Direction for Disability Inclusion in International Arbitration
Inclusion in international arbitration has rightly been a focus in recent years. However, there has been little focus on disability inclusion until now.
Melissa Hollenders-Brown Senior Associate 1 December 2023
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Dutch Court declines jurisdiction in light of valid arbitration agreement in unsigned underlying contract
The Amsterdam District Court recently ruled that it lacked jurisdiction over a Dutch company due to the existence of a valid arbitration agreement in an unsigned underlying contract.
Juliette Luycks Senior Counsel 16 November 2023
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Indian Supreme Court relieves stamp duty headaches on arbitrator appointments
A seven-judge bench of the Indian Supreme Court has ruled that arguments that an agreement is not sufficiently stamped do not impede the appointment of a tribunal in India-seated arbitration proceedings. The decision overrules a controversial ruling by a five-judge bench of the same Court in April 2023 (which we reported on in a previous briefing), which had threatened to block up arbitral appointments under the Indian Arbitration Act and create headaches for arbitral institutions.
Dilshaan Gill Associate, Clifford Chance Asia* 24 January 2024
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Compensation Mechanisms and Investment Protection in the context of the Russian War on Ukraine
As we are approaching the second anniversary of Russia's invasion of Ukraine, the amount of damage suffered increases daily. As of November 2023, the overall damages and the costs of reconstruction is estimated at USD 400 billion. Thereby, economic resilience and development remain critical for Ukraine. This post briefly overviews the key recent developments and available mechanisms for compensation of damages suffered as a result of Russia's full-scale invasion and investment protection available for international investors.
Olga Hamama Counsel 30 January 2024
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Moving towards an International Legal Order: Transnational Issue Estoppel in The Republic of India v Deutsche Telekom AG
In the recent judgment of The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10, the Singapore Court of Appeal held that, as a matter of Singapore law, the doctrine of transnational issue estoppel applies in the context of international commercial arbitration. Its effect is to prevent parties from parties to a prior decision of the seat court, in certain circumstances, from re-litigating points that were previously raised and determined.
Matthew Brown Senior Associate, Clifford Chance Asia* 6 February 2024
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New arbitration institution, arbitrateAD, launches in Abu Dhabi
The options for contracting parties looking to refer disputes arising under their contracts to arbitration within the United Arab Emirates continue to develop with the opening of arbitrateAD on 1 February 2024.
Victoria St-Amour Senior Associate 6 February 2024
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UK national grid connection queue management reforms and the use of arbitration
Developers must proactively manage disputes arising from modifications to the rules governing connections to the UK national transmission grid, which introduces a new 'queue management' process.
Sam Brown Partner 4 March 2024
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Singapore High Court orders production of documents in connection with enforcement of an arbitral award
In DFD v DFE [2024] SGHCR 4, the Singapore Court ordered a party seeking to enforce an arbitral award to produce documents to a party resisting enforcement of that award. While the enforcement of an arbitral award is often thought of as a mechanical exercise with little room for judicial probing, the case demonstrates that it in appropriate circumstances it may be possible to apply for production of documents relevant and material to the grounds raised to resist enforcement of or to set aside an arbitral award.
Kenneth Tay Senior Associate, Clifford Chance Asia* 15 April 2024
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Indian Supreme Court takes a strong stand on delays in enforcing foreign arbitral awards
In the recent judgment of Avitel Post Studioz Limited & Ors. v. HSBC PI Holdings (Mauritius) Limited the Indian Supreme Court dismissed a challenge to the enforcement of a 2014 SIAC arbitral award obtained in Singapore. The decision is a strong endorsement by the Indian courts of the need to adopt international standards in arbitration, but also recognises the "arduous struggle" which award creditors can face when seeking to enforce an award in India.
Romesh Weeramantry Special Counsel 23 April 2024
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Agility v. Iraq: A rare ICSID annulment
ICSID awards are rarely annulled. The ICSID Annulment Committee in Agility v. Iraq has bucked that trend by partially annulling an ICSID award issued in favour of Iraq. On 8 February 2024, the Annulment Committee annulled the award under Article 52(1) of the ICSID Convention, leaving the investor to decide whether to submit the dispute to a new tribunal.
Lydia Low Associate 30 April 2024
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The 2024 HKIAC Rules and ICCA Congress 2024: A Leap Forward
The HKIAC announced the release of the new 2024 Administered Arbitration Rules (the "2024 Rules"), which will take effect on 1 June 2024. The latest amendments aim to enhance time and cost efficiency, introduce considerations for diversity and environmental impact, and strengthen information security.
Tania Tse Counsel 14 May 2024
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Mitigation of current risks in mining industry through investment protection and arbitration
In 2023, the global mining disputes landscape continued to grow. Underpinned by an increasing demand for critical minerals worldwide, and in an environment of heightened sovereign and regulatory risk, this year is no different. This blog post highlights two key trends that mining investors around the world are likely to experience in the second half of 2024 and beyond and how recourse to commercial or investor-State arbitration can mitigate risks.
Karolina Rozycka Counsel 28 May 2024
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Arbitration and Consumer Rights: Court of Appeal Upholds Award Enforcement in Personal Guarantee Case
In Eternity Sky v Zhang [2024] EWCA Civ 630, the Court of Appeal dismissed an appeal by Mrs Xiaomin Zhang ("Mrs Zhang"), who sought to resist the enforcement of an arbitration award obtained by Eternity Sky Investments Ltd ("Eternity Sky"), on the grounds that it infringed her rights under the Consumer Rights Act 2015 (the "CRA").
Marie Berard Partner 10 June 2024
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The effect of Russian sanctions on international arbitration
The effect of sanctions on international arbitration proceedings is a multifaceted issue which parties encounter with increasing frequency. In a recently published article in the Singapore Arbitration Journal, Paul Sandosham and Tess Forge from the Singapore Litigation and Dispute Resolution team discuss the interplay between Russian sanctions and the arbitration of cross-border disputes.
Paul Sandosham Partner, Clifford Chance Asia* 8 July 2024
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Is the "natural world" an asset that the Court can preserve under s.44 of the Arbitration Act 1996?
In Environment Agency v High Speed Two (HS2) Limited [2024] EWHC 1560 (TCC), the Environment Agency applied unsuccessfully for an injunction to prevent HS2 carrying out certain works. The court considered whether those works would have an environmental impact for the purposes of assessing urgency and a novel question of whether the "natural world" constitutes an "asset" under s44 of the Arbitration Act 1996.
Sam Brown Partner 13 August 2024
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Renewable energy projects and construction disputes: how to prevent and mitigate the new risks?
Construction disputes involving offshore renewable energy projects share some features of conventional construction disputes. Yet these projects entail a new and/or distinctive set of risks that require tailored approaches to dispute resolution.
Marie-Isabelle Delleur Counsel 27 August 2024
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An Overview of the First Draft of the Multilateral Instrument on ISDS Reform
Since 2019, a multilateral instrument on investor-State dispute settlement (“ISDS”) reform (“MIIR”) has been under discussion by UNCITRAL Working Group III (“WGIII”) as a potential mechanism for implementing a suite of reforms to ISDS.
Caroline Kittelmann Senior Knowledge Management Lawyer 19 September 2024
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Supreme Court hands down judgment on the English court's jurisdiction to issue anti-suit injunctions in support of foreign seated arbitrations
On 18 September 2024, the Supreme Court handed down a judgment in UniCredit Bank GmbH v. RusChemAlliance LLC . The judgment sets out the reasons for a decision it made in April 2024 to grant final injunctive relief to restrain proceedings commenced in Russia, where the contract in issue is governed by English law and provides for ICC arbitration seated in Paris.
Marie Berard Partner 23 September 2024
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States cannot rely on immunity to resist registration of ICSID awards in England
On 22 October 2024, the English Court of Appeal (“CoA”) handed down judgment in Infrastructure Services Luxembourg S.À.R.L. v Kingdom of Spain and Border Timbers Ltd v Republic of Zimbabwe, rejecting appeals brought by Spain and Zimbabwe against the registration of two ICSID awards against the States.
Anna Kirkpatrick Director 29 October 2024
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Onshore Dubai Court concludes that a unilateral option to refer to arbitration does not constitute a valid arbitration agreement
The Dubai Court of Cassation has recently ruled that an arbitration provision within a unilateral option clause was not a valid agreement to arbitrate under the laws of the UAE.
Paul Coates Partner 12 November 2024
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How does guidance from arbitral institutions help navigate the challenges of use of AI in arbitration?
The recently published Guide to the use of AI in cases administered under the SCC Rules addresses some key issues arising from the use of AI in arbitration. It adds to a growing body of material that will help parties and arbitrators identify the issues they need to consider and possibly make provision for in their arbitral procedures.
Sam Brown Partner 25 November 2024
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