Publications & News

Litigation finance 101: Best practices for commercial litigation and arbitration

By |January 31st, 2018|

The following article is taken from Lexology. Click here to go to the original article.
USA | December 15 2017

The use of outside capital in the legal industry is becoming increasingly widespread. Indeed, our latest research (http://www.burfordcapital.com/blog/2016-litigation-finance-survey/) shows that use of litigation finance increased four-fold between 2013 and 2016. And yet, many lawyers and clients still lack direct experience with a […]

Parties Must Take Care to Avoid Risk of Defective Service in Arbitration

By |January 24th, 2018|

The following article is taken from Lexology. Click here to go to the original article.

United Kingdom | December 11 2017

Two recent English court decisions provide useful reminders that parties to arbitration agreements must take care to properly serve arbitration proceedings on the other party. In doing so, parties will avoid the risk of the court setting aside an award on […]

Facilitating the Belt and Road: CIETAC launches investment arbitration rules

By |January 15th, 2018|

The following article is taken from Lexology. Click here to go to the original article.
Global | December 4 2017

On 1 October 2017, the International Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC Investment Arbitration Rules or Rules) came into force. This is the first set of investment arbitration rules ever promulgated by a Chinese arbitration institution; […]

Is arbitration a viable option for resolving disputes with a Chinese party?

By |January 8th, 2018|

The following article is taken from Lexology. Click here to go to the original article.
China | December 14 2017

Continuing our current series on doing business in China, this edition discusses the viability of arbitration as a method of resolving disputes. This article highlights international arbitrations with a Chinese party that is decided outside China (“offshore arbitration”) and international arbitrations with […]

Arbitration SpeedRead – Nipping it in the bud – summary procedures in arbitration

By |January 8th, 2018|

The following article is taken from Lexology. Click here to go to the original article.
Global | December 11 2017

In October 2017, the International Chamber of Commerce (the ICC) published an update to its practice note to parties and arbitral tribunals (the Practice Note), which makes explicit the availability under its current rules of an ‘expeditious determination’ procedure for ‘manifestly unmeritorious claims or defences’. In […]

Arbitration in the UAE – one step forward, two steps back?

By |January 4th, 2018|

The following article is taken from Lexology. Click here to go to the original article.

United Arab Emirates | November 16 2017

Recent developments in the UAE legal framework once again call into question the attractiveness of the onshore UAE as a seat and hub for arbitration, as well as the ability of parties to choose their own counsel. We take […]

Superior Court of Justice analyses the scope of arbitration in oil and gas concessions

By |December 19th, 2017|

The following article is taken from Lexology. Click here to go to the original article.
Brazil November 27 2017

On 10 November, the Brazilian Superior Court of Justice (“STJ”) published its decision in a long awaited kompetenz-kompetenz (or competence-competence), jurisdictional case brought by Petrobras against the Brazilian oil and gas regulatory agency, the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”). […]

Call for Cybersecurity Guidelines in International Arbitration

By |December 19th, 2017|

The following article is taken from Lexology. Click here to go to the original article.
Global, USA November 24 2017

Cybercrime has become a regular feature of global news. The question is not if another attack will happen, but when. Prominent examples include the leak of millions of attorney-client documents from law firms Appleby and Mossack Fonseca, and the “Petya” attack, which brought […]

Arbitration Speedread: LCIA updates its guidelines on the role of the Tribunal Secretary

By |December 19th, 2017|

The following article is taken from Lexology. Click here to go to the original article.

Hong Kong, United Kingdom November 21 2017

In October 2017 the LCIA updated its guidelines on the use of tribunal secretaries. This is part of a continuing trend by arbitral institutions to put procedures in place surrounding the use of the tribunal secretary in international arbitration, in particular to clarify […]

Arbitration Exposed? Recent Cases Remind us that Parties Cannot Assume Arbitration Awards will Remain Confidential

By |November 28th, 2017|

The following article is taken from Lexology. Click here to go to the original article.

Global, United Kingdom October 24 2017

Legislation

Arbitration Act 1996
Cases
Symbion Power LLC v Venco Imtiaz Construction Co [2017] EWHC 348 (TCC); [2017] B.L.R. 297 (QBD (TCC))
Teekay Tankers Ltd v STX Offshore and Shipbuilding Co Ltd [2017] EWHC 253 (Comm); [2017] 1 Lloyd’s Rep. 387 (QBD […]