International arbitration report

Welcome to issue 3 of Norton Rose Fulbright’s International arbitration report.

As one of the world’s leading arbitration practices, we make it a priority to follow and understand global arbitration developments as they occur. We hope you find this edition of International arbitration report a useful guide to some of the most important developments in recent months.

In this issue, we discuss the implications of Indonesia’s decision to terminate its bilateral investment treaties with The Netherlands. We have practical guides on the reach of arbitration agreements over non-signatories, on how to appoint a mediator, and the increasingly popular use of emergency arbitrators.

We speak with Jacomijn van Haersolte-van Hof, new director general and executive director of the LCIA; provide an overview of the new LCIA guidelines for counsel conduct in arbitration; and cover the current efforts in South Africa to update its arbitration legislation.

Our case law updates discuss the English Commercial Court’s decision in Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited on the validity of tiered dispute resolution clauses; the Federal Court of Australia’s decision in Emerald Grain Australia Pty Ltd v. Agrocorp International Pte Ltd, in which the court refused to set aside an UNCITRAL award on grounds of public policy; and the recent award rendered under the United Nations Convention of the Sea which determined the maritime boundaries between India and Bangladesh.

We also examine some interesting judicial developments in Asia: the case of Gong Benhai v. Hong Kong International Arbitration Centre which saw the dismissal of claims against the HKIAC, and a recent Chinese court decision on the validity of a “hybrid” arbitration clause.

Contents

BIT by BIT in Indonesia 
Signs of a push-back an foreign investment

Arbitration agreements
Becoming involved despite not being a party

The Q&A
Dr Jacomijn van Haersolte-van Hof LCIA directo general

Hong Kong Court of First instance
Dismisses action against arbitration institution

Tanzania “anti-ICSID” injuction
Cause for concern or contravention?

Emergency arbitrators in Singapore
The SIAC rules

“Hybrid” clauses in China
Ningbo court upholds validity of hybrid clause

Mediation
Choosing a mediator

Federal Court of Australia
A pro-enforcement judiciary

LCIA on good conduct
LCIA guidelines address conduct of counsel

Overhauling arbitration in South Africa
South Africa needs law reform

Escalation clauses
Fresh support in the English courts

South Asia maritime disputes
Delimiting the maritime boundaries of India and Bangladesh