KWM arbitration team has secured a second major victory for Ukraine in as many years as an ICSID tribunal unanimously rejected all claims made by a British investor, Krederi Ltd. The value of the claims was in excess of USD 137 million. The tribunal declared the proceeding closed on 26 June 2018.
Continue Reading King & Wood Mallesons scores a major victory for Ukraine in another high stakes investor-state arbitration

By Monique Carroll King & Wood Mallesons’ Melbourne office

Our recent experience shows that a surprising number of Australian companies (big and small) are failing to insert arbitration clauses into their contracts when the counter-party does not have a presence in Australia. In most cases, this means that the contract will not be enforceable against the counter-party should they act in breach of it. If your business has not developed a strategy or understanding for using arbitration clauses in contracts with a cross-border element – please continue reading.
Continue Reading Overseas Express丨AU Insight: Not Using Arbitration? Beware!

​By Paul Starr, Dorothy Murray, James McKenzie and Kendal McCarthy King & Wood Mallesons

On 14 June 2017, Hong Kong’s Legislative Council passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 (“Third Party Funding Bill“), amending the Arbitration Ordinance (Cap 609) (Ordinance) (“AO”) to permit third party funding of arbitration proceedings seated in Hong Kong.As Hong Kong prepares to implement the reform (which is expected to take effect in late 2017), we take stock of some of the key features of the Third Party Funding Bill and what its passage will mean for users of Hong Kong arbitration.  We also make comparisons with third party funding of arbitration in England and Wales to determine what practical lessons can be learned from the reform process in that jurisdiction.
Continue Reading New Arbitration Funding Options and Lessons for Hong Kong

By Joanne Strain, Parnika Chaturvedi King & Wood Mallesons’ Dubai office. 

Arbitration agreements frequently impose preconditions to arbitration, requiring the parties to engage in a sequential combination of mediation, conciliation, good faith negotiations, and/or other such mechanisms, prior to initiating arbitration.

While often well intended, so as to cause the parties to pause before initiating formal dispute resolution, and potentially avoid unnecessary costs and time on proceedings, all too often, by the point a dispute has materialised, formal dispute resolution is the only answer.

In those circumstances, the pre-conditions can become a headache: compliance is vital (as failure could be fatal to any proceedings) but the terms of pre-conditions can be vague.
Continue Reading Waterfalls in the Gulf: Pre-conditions to arbitration

作者:金杜律师事务所 King & Wood Mallesons

金杜伦敦、迪拜、上海三地办公室通力合作,在一起由英国JKX Oil & Gas Plc公司提出的高达2.7亿美元的油气税收仲裁纠纷中代理乌克兰政府赢得大胜,仲裁庭最终裁决乌克兰政府仅向JKX Oil & Gas Plc支付1180万美元的“附属索赔”。

The KWM team drew lawyers from across its London, Dubai and Shanghai offices to score a major victory for Ukraine in a US $270 million investment arbitration case brought by JKX Oil & Gas Plc relating to oil and gas taxation. The Tribunal ordered Ukraine to pay JKX just US $11.8 million in relation to what JKX described as its “subsidiary claims”.
Continue Reading 金杜助力乌克兰政府赢得2.7亿美元仲裁纠纷案

By Paul Starr King & Wood Mallesons’ Hong Kong office


China’s Belt and Road initiative brings new investment opportunities but also an increased need for careful risk management. Prior to entering into any investments, it is important for contracting parties to consider their dispute resolution options and to ensure these are properly reflected in

By Tim Taylor QC King & Wood Mallesons’ Dubai Office

Itaylor_tn March 2015 the Government of India issued its draft model text for the Indian Bilateral Investment Treaty (the “Draft BIT”) for public comment. Following various amendments, on 28 December 2015, the revised, and final, version of the model BIT (the “

By Tim Taylor QC  Chiz Nwokonkor  King & Wood Mallesons

Ftaylor_trom Abidjan to Tunis, arbitration centres are on the rise in Africa. This upward trend has mirrored the growth and gradual diversification of many African economies. The growth can be seen to be driven along sector lines, with the vast majority of disputes coming

By Louise England and Long Dong King & Wood Mallesons’ Dispute Resolution Group

Prior to the China International Economic and Trade Arbitration Commission (CIETAC) Guidelines on Evidence (Guidelines) coming into effect on 1 March 2015, CIETAC tribunals relied on a combination of the Arbitration Law of the People’s Republic of China