We examine the effect on various English law governed maritime contracts from the targeted action by the U.S. Trade Representative seeking to reduce the power of Chinese parties in the maritime sector.

After a long legislative process that began in March 2021, the new Arbitration Act has received Royal Assent. The 2025 Arbitration Act codifies established case law and introduces some practical improvements to the arbitration framework set by the 1996 Act.

Since April 2024 the Office of the U.S. Trade Representative ("USTR") has been conducting an investigation into acts, policies, and practices of the People’s Republic of China in relation to the maritime, logistics, and shipbuilding sectors.

Can an arbitral tribunal undertake its own research? The answer is ‘ “it depends” – as is often the case in international arbitration. The question of whether a tribunal has gone beyond the scope of the arbitration will often arise in a challenge to the enforcement of an arbitral award.

International arbitration as a method for resolving cross-border disputes continues to gain popularity. However, when considering which of the arbitral institutions’ rules to include in an arbitration agreement, there are two practical points to consider: (i) the likely duration and (ii) the likely cost of any arbitration.

With sufficient time and resources, an in-house counsel can ensure that each arbitration clause their organisation signs onto is carefully crafted and reviewed. But we recognise that time and resources are rarely sufficient and believe that these three rules of thumb can help ensure that arbitral clauses do not create an unacceptable level of risk.

In this article we discuss challenges to arbitration awards in the context of alleged ‘serious irregularity’ in the award given by the arbitral tribunal. This was addressed in the recent decision by the Privy Council in London, on appeal from the courts of the Bahamas, in RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8.

Sanctions and Export Controls

Data Protection and GDPR

Trade Restrictions, Customs and Tariffs

China

Investigation and Crisis Management

English Law

Offshore

Oil and Gas

ESG, compliance and risk management

Contract Law and Construction

Dispute Resolution

Shipping

Partner

Shawn is an international dispute resolution specialist with a particular focus on complex commercial disputes before arbitral institutions and courts around the world.

Shawn is dual-qualified as an English solicitor and as a barrister and solicitor in New Zealand. His contentious work has included acting in ICC, LCIA, SIAC, LMAA, UNCITRAL and ad hoc arbitrations subject to numerous governing laws, as well as in English court proceedings and in an advisory capacity in relation to court proceedings in many other jurisdictions.

Based on his dispute experience, Shawn is also often asked to assist clients in the negotiation of high value contracts, particularly in the energy, construction and shipbuilding arenas.

Shawn led the WR team which won "Deal of the Year: Disputes" in the Latin Lawyer Awards 2021 and he is recognised in the Legal 500 rankings with clients describing him as "extremely pragmatic and [a] solution maker" (Legal 500, 2023: Projects, Energy & Natural Resources: Oil & Gas).

London

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Shawn is an international dispute resolution specialist. He is dual-qualified as an English solicitor and as a barrister and solicitor in New Zealand.

Shawn Kirby

Associate/Senior Associate/Managing Associate