Herbert Smith Freehills

Herbert Smith Freehills

Articles

164 articles available

Overview  On 1 January 2019 the Japan Commercial Arbitration Association (the "JCAA") amended its two current sets of arbitration rules. At the same time, it introduced an additional set of new rules…

In December 2017 South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act).   The New…

Confidentiality is frequently promoted as a key advantage of international arbitration.  It preserves the information exchanged in the arbitration proceedings and prevents the parties from disclosing…

The advent of the EU General Data Protection Regulation (GDPR), which came into force on 25 May 2018 within the EU and the European Economic Area, has sparked a renewed debate within the arbitration…

Brazil has been notoriously reluctant to enter into treaties with other States that provide for the protection of investors and investments, viewing them as detrimental to the host State and its…

A focus on the AIFC Arbitration and Mediation Rules 2018 and improvement to enforcement of arbitral awards in Kazakhstan Introduction to the AIFC The Astana International Financial Centre (AIFC) is a…

[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.  If you sought to distil [the…

Blockchain and its potential applications are well-documented by technologists and early-adopters. Over the last 12 months, however, this technology has started to take centre stage in more…

The new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit - “DIS”) will enter into force on 1 March 2018 (“DIS Rules 2018”). It is the first…