Skip to content

Disputes Digest 2025

Welcome to the fourth annual Disputes Digest, in which we collate our 2025 global HFW Litigation and International Arbitration publications.

Bulletin
09 January 2026

This edition includes updates from across our Disputes jurisdictions, including England and Wales, BVI, AsiaPac, and the Middle East.

As one of the world’s largest and most active Disputes practices, litigation is in our DNA at HFW. We have specialist Disputes lawyers in offices across the Americas, Europe, the Middle East, and AsiaPac, and have continued to ramp up growth across our Disputes network in 2025 with a series of senior hires. Disputes work is at the very core of our firm, accounting for over 70 percent of our total business. We are recognised by our clients and the legal directories as a leading disputes practice, with prominent rankings in The Legal 500, Chambers and Partners, among others. The Times noted the firm’s involvement in complex, high-value disputes, and referenced independent data that shows “HFW has a higher win rate in the English Commercial Court than any other leading litigation firm”.

Similarly, in relation to International Arbitration, we are major users of all of the main international Institutions. Our Disputes lawyers, and firmwide reputation for depth and breadth in IA, are recognised by all of the key IA directories, including GAR 100.

The firm is also one of the founding members and signatories of both the Greener Litigation Pledge, and Greener Arbitration Campaign – legal industry initiatives to reduce the environmental impact of dispute resolution. We are also signatories of the Equal Representation in Arbitration, and work to ensure fairer representation of women in arbitration.

We hope you enjoy reading this Digest, please contact the authors, or your usual HFW contact, if you wish to discuss any of the articles.

BVI: Privy Council Clarifies Standing to Challenge the Decision of a Liquidator

The Privy Council has clarified the meaning of “Person Aggrieved” under the BVI Insolvency Act…

View article
Is Repudiatory Breach Capable of Remedy?

In the very recent case of Kulkarni v. Gwent Holdings Ltd, the Court of Appeal had to consider whether or not a repudiatory breach of contract was…

View article
BVI Court of Appeal Clarifies Duties Owed by Directors to Creditors

ECSC Court of Appeal hands down landmark judgment clarifying the duties owed by directors to creditors of insolvent BVI companies…

View article
Has the English court signalled the end of the Shareholder Rule?

Has the English court signalled the end of the Shareholder Rule, and enabled companies to refuse disclosure on the grounds of privilege?

View article
Lost in trustlation: Enforcement of English judgments against trust assets held in jurisdictions that do not recognise trusts

Enforcing an English judgment abroad can often be challenging, especially when it involves trust assets located in jurisdictions that do not …

View article
Client Guide: Successfully navigating the English Civil Litigation Procedure

This Client Guide provides an insight into the how best to navigate the English civil procedure system to obtain the best outcome for your matter.

View article
Client Guide: Making the most of Mediation

This Client Guide sets out what Mediation is and when, how, and why to use it.

View article
Client Guide: Succeeding in Summary Dismissal

This Client Guide outlines the key points when considering summary dismissal of a claim by summary judgment or strike out.

View article
Client Guide: How best to Protect Privilege

This Client Guide outlines the key aspects of privilege in English law, including legal advice privilege and litigation privilege.

View article
Recovery of Reasonably Incurred Costs Following Termination

The recent Privy Council decision in Water and Sewerage Authority of Trinidad and Tobago v Waterworks Ltd [2025] UKPC 9 relates to a Contractor’s…

View article
When Does an Undertaking To Refrain From Enforcement Differ From a Non-Enforcement Agreement?

In March 2025, the English High Court in Segulah Medical Acceleration AB anors v Tripathi anor ruled that a British Virgin Islands injunction…

View article
The Privy Council Abolishes the Shareholder Rule

In a landmark judgment handed down in July 2025 , the Privy Council departed from the exception to legal advice privilege applying as between a…

View article
Striking the Balance: English Court of Appeal Guidance on Confidentiality and Open Justice in Litigation

The Court of Appeal has provided important guidance on the test for the redaction of confidential information in public judgments. The judgment…

View article
Exécution Et Reconnaissance Des Jugements Entre La France Et Le Royaume-Uni

Après des années d’incertitudes, la situation des entreprises françaises désireuses d’exécuter ou de faire reconnaître une décision de justice au…

View article
Oil Basins Limited vs Esso Australia Resources Pty Ltd [2025] VSC 34

In February 2025, Justice Croft in the Victorian Supreme Court handed down a judgment on staying court proceedings in favour of arbitration under…

View article
Australian Court Upholds India’s Immunity From Proceedings To Enforce an Investment Treaty Award Under the New York Convention

In Republic of India v CCDM Holdings, LLC [2025] FCAFC 2, the Full Court of the Federal Court of Australia held that India was entitled to exercise…

View article
When Arbitration Meets Insolvency: Australian Court Reaffirms Doctrine of Unarbitrability in Enforcing an Arbitration Agreement

On 8 October 2020, Elecnor Australia Pty Ltd a subsidiary of the Spanish power infrastructure builder Elecnor SA, entered into a Joint Venture Deed…

View article
Setting Aside Arbitral Awards: A High Bar for Procedural Fairness Challenges

On 31 March 2025, the Supreme Court of Queensland delivered its judgment in the matter of Clarke Energy (Australia) Pty Ltd v Power Generation…

View article
Understanding the Jurisdictional Limits of Arbitration: Insights from the Australian case of Fremantle Port Authority v Martin [2025] WASC 301

The recent Western Australian Supreme Court decision in Fremantle Port Authority v Martin [2025] WASC 301 serves as a timely reminder of the fine…

View article
Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028

On 29 August 2025, the Federal Court of Australia handed down its decision in Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028…

View article
Protecting Construction Contractor’s Investments in International Construction Projects

Cross-border construction activity has grown in recent years, with numerous complex construction projects initiated in developing countries…

View article
Asia’s Investment Treaty Landscape

Some of the earliest investment treaty arbitrations were initiated against APAC states in the 1980s, however since then the percentage of…

View article
New Guidelines To Promote Arbitration in the Greater Bay Area Published by Mainland Chinese Authorities

On 14 February 2025, the Supreme People’s Court and the Ministry of Justice jointly published guidelines listing seven measures designed to…

View article
Revised PRC Arbitration Law Introduces Major Reforms

Long-awaited revisions to China’s Arbitration Law have been published, which include modernisation of China’s arbitration regime and the explicit…

View article
Understanding China’s Revised Arbitration Law: Key Reforms and Global Impact

Long-awaited revisions to China’s Arbitration Law have been published, which include modernisation of China’s arbitration regime and the explicit…

View article
ARB 006/2024 Nevil v Nigel – DIFC Courts Grant Interim Relief in Support of Arbitration

The Courts of the Dubai International Financial Centre have once again demonstrated their pro-arbitration stance, and confirmed that they will…

View article
Enforcement of Foreign Arbitral Awards in the UAE: Dubai Court of Cassation Reinforces the New York Convention

Recognition and enforcement of foreign arbitral awards in the UAE is becoming increasingly straightforward. This article discusses recent…

View article
Even More Arbitration Friendly Decisions from the UAE Courts

Since the Federal Arbitration Law (Law No. 6 of 2018) was passed in the UAE in 2018, there has been a consistent trend in 2025 of the UAE Courts…

View article
What Does the New English Arbitration Act 2025 Mean for Parties?

“New law to turbocharge [England’s] position as the world-leader in arbitration” – that is how the UK government has described the new English…

View article
Class Arbitration Under Consumer Contracts – Do Major Institutional Arbitration Rules Support Such Claims?

Class arbitration under consumer contracts remains a contentious and evolving area. While traditional class actions offer cost-effective resolution…

View article
A Rare Setting Aside of an Arbitration Award

In the recent case of Mare Nova Incorporated v Zhangjiagang Jiushun Ship Engineering Co Ltd [2025] EWHC 223 (Comm), Mare Nova Incorporated as the…

View article
Arbitration Act 1996: First Appeal To Succeed on All of Sections 67, 68 & 69

In what is, as far as we are aware, the first and only reported case of its kind, the Court has today allowed an appeal against an arbitration…

View article
New CIArb Guidelines on the Use of AI in Arbitration

The Chartered Institute of Arbitrators recently published its guidance  on the Use of AI in arbitration (2025). The Guidelines provide a framework…

View article
The English Commercial Court Upholds India’s State Immunity in Relation to Enforcement of an Investment Treaty Award

In CC/Devas Mauritius Ltd v The Republic of India, the applicant applied to the English Commercial Court for enforcement of an award obtained…

View article
Arbitrator Impartiality – When Can It Be Challenged?

Recent High Court decisions and statutory reforms in the United Kingdom have given detailed guidance on an arbitrators’ duties of disclosure and…

View article
The English Arbitration Act 2025 – Key Changes

The new English Arbitration Act 2025 officially came into force on the 1 August 2025. In this article we look beyond the headline, analyse the…

View article
Choosing London Arbitration: Is your Award Final and Binding?

In this article, we consider whether London arbitration awards can be open to challenge…

View article
English Commercial Court Rules That Assignment of ICSID Awards is Not Permitted

In a keenly awaited judgment, the English Commercial Court has ruled on appeal that ICSID and ECT arbitration awards are not assignable in the case…

View article
Think Before You Elevate: Why Treaty Arbitration Should Not Be Considered a Second Chance

The International Centre for Settlement of Investment Disputes has issued its final award in the long running dispute between international…

View article
Paris Judicial Court Decisions Relating to Frozen Assets

In three nearly identical decisions issued on 25 February 2025, the Paris Judicial Court issued an important ruling that frozen assets cannot be…

View article
Draft Proposal to Reform French Arbitration Law

Is French arbitration law on the brink of reform? Amid the global wave of arbitration reform across Europe and beyond, France initiated in late…

View article
When Less Isn’t Too Little: Paris Court of Appeal Rejects Infra Petita as Ground for Annulment

A noteworthy decision in which the court dismissed an application to annul a partial arbitral award rendered under the auspices of the London Court…

View article
ISDS at Stake: How EU Sanctions Are Testing Investor-State Dispute Settlement

The European Union’s sanctions against Russia have triggered a legal confrontation at the core of investor-state dispute settlement. It raises…

View article
Understanding the HKIAC’s New Practice Note on Compatibility of Arbitration Clauses: Practical Observations and Tips

On 20 January 2025, the Hong Kong International Arbitration Centre published its much-anticipated Practice Note on Compatibility of Arbitration…

View article
Supreme People’s Court Judicial Interpretation on Hong Kong and Macau Investment Enterprises in the Greater Bay Area

On 14 February 2025, the Supreme People’s Court of China published a judicial interpretation, catchily titled “Reply of the SPC on the…

View article
Hong Kong Court Confirms Jurisdiction To Order Security for Costs Against Foreign Individual and Hong Kong Company in Set-Aside Proceedings of Arbitral Awards

In a significant decision for international arbitration practitioners, the Hong Kong Court of First Instance, in the recent decision of P1 and P2…

View article
Forum Shopping, Illegality and State Resistance: Insights from Jason Yu Song V PRC

In Jason Yu Song v People’s Republic of China, investor-state arbitration proceedings took place in Geneva between a UK citizen and an alleged…

View article
DMZ v DNA [2025] SGHC 31 – Respecting the Institutional Rules

For any arbitral institution, the registrar plays a critical role in ensuring a fair, economic and expeditious arbitral process. In DMZ v DNA…

View article