News & Events

Arbitration

Five years of cases before the ADGM Courts

2021 saw the fifth anniversary of the first disputes registered before the Courts of the Abu Dhabi Global Market. Peter Smith takes this opportunity to consider the cases that the ADGM Courts have heard. The Courts publish a searchable list of claims before them. The first claims were registered at the Courts in 2017, and the numbers of cases show a swift increase over the intervening five years from seven claims in 2017, 13 in 2018, eight in 2019, 53 in 2020 and to well over 100 in 2021. An early indication is that the Courts are highly likely to surpass the 2021 total in 2022. Many, if not most, of the cases registered before the Courts relate to claims…

Arbitration, Legal Blog & Publications, Commercial 11 Apr, 2022

David Holloway is published in ICC Dossiers on multilateral and unilateral sanctions

‘The Case of Multilateral and Unilateral Sanctions.’ David Holloway has co-authored a chapter discussing the interaction between sanctions and international arbitration in the ICC publication ‘Overriding Mandatory Provisions and Arbitrability in International Arbitration’ The sanctions enacted by the European Union (EU), the United States of America (U.S.) and various other States in 2014 against several Russian individuals, as well as the (re-imposed) sanctions regimes put in place against Iran and Iranian nationals have sparked a debate among scholars and practitioners concerning the arbitration of disputes involving parties or transactions targeted by the sanctions. The issues arising from these actions, however, are not completely novel. The impact of sanctions on international arbitration has been studied and discussed for many years, notably…

Arbitration, News, International 11 Apr, 2022

Hong Kong skyline

International arbitration in Hong Kong – innovation and change

Hong Kong continues to compete and innovate in the world of international arbitration. This is reflected in the legislative framework, key reforms, and the practice of the leading institutions in Hong Kong. This short article introduces Hong Kong as a seat of arbitration and provides an update on recent reform and innovation. Authors David Holloway and Damien McDonald conclude this article with an observation on practice in Hong Kong and how it supports the development of Hong Kong as a leading arbitration seat. Arbitration Framework – supporting commercial arbitration Hong Kong’s international focus The arbitration law in Hong Kong was based on English arbitration law until 1989 when the Arbitration Ordinance was amended to adopt the UNCITRAL Model Law on…

Arbitration, Legal Blog & Publications, International 8 Apr, 2022

How arbitration can navigate risk involved in infrastructure projects in the Asia-Pacific

Anthony Lo Surdo discusses the boom in infrastructure projects in the Asia-Pacific and how arbitration helps to navigate the risk involved with national infrastructure projects. Parts of the Asia-Pacific are in the grip of a boom in infrastructure projects driven, in some cases, by China’s “Belt and Road” initiative and otherwise by historically low global interest rates which has enabled sovereign states either alone or in partnership with private enterprise to fund projects that were hitherto merely a pipedream. In Australia alone, the 12 largest infrastructure projects total in excess of $A80 billion and include the Westconnex road project (NSW, $A16 billion), the Sydney Metro (NSW, $A12 billion), the Western Sydney Airport (NSW, $A5.3 billion), the Melbourne Metro Tunnel ($A11…

Arbitration, Legal Blog & Publications, Commercial, News 2 Dec, 2021

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