04 October 2018 Sadie Buls, Hong KongTags
As we reported last year, the Hong Kong International Arbitration Centre (“HKIAC”) is consulting on amendments to its 2013 version of the Rules in an effort to respond to the needs of HKIAC users and technological advances in dispute resolution. The ongoing rules revision process is overseen by the HKIAC Rules Revision Committee. The first draft of the new rules was published back in August 2017 and highlighted major amendments proposed by the Committee for public consultation.
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25 September 2018 Matthias Schelkens, Belgium; EuropeTags
Linklaters’ Dispute Resolution team has contributed to the 2018 edition of the International Comparative Legal Guide to International Arbitration. The Guide is a practical cross-border insight into international arbitration work and an overview of arbitration legislation and practice in 49 jurisdictions.
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20 September 2018 Akshay Sewlikar, England & Wales; IndiaTags
In Reliance Industries v Union of India  EWHC 822 Reliance Industries Limited and BG Exploration and Production India Limited (the “Claimants”) challenged awards made in favour of the Union of India (the “Government”) under the Arbitration Act 1996 (the “AA 1996”). The English High Court (the “Court”) had the opportunity to consider the issue of the applicability of the foreign act of state doctrine to English seated arbitration proceedings.
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Post-Achmea: Vattenfall tribunal maintains jurisdiction over intra-EU Energy Charter Treaty claim against Germany
In a detailed decision, an ICSID tribunal hearing a dispute between Swedish Vattenfall and Germany over the state’s phase out of nuclear power in the wake of the Fukushima disaster (ICSID Case No. ARB/12/12) has maintained jurisdiction to hear the dispute under the Energy Charter Treaty (“ECT”). The decision follows objections raised by Germany after the Achmea-judgment of the Court of Justice of the European Union (“CJEU”). We have previously reported on implications of Achmea for ECT-claims and the European Commissions’ view of the Achmea-judgment here.
13 September 2018 Kirstin Schwedt, EuropeView full article
Company loses second attempt to enforce award against India
In Hardy v Government of India and IIFC (UK)  EWHC 1916 (Comm), the English Commercial Court discharged an interim third-party debt order awarded to support an oil and gas company’s UNCITRAL award against India. The Court refused to grant a final order because the debt was situated in India and Indian law would not recognise an English third-party debt order. Additionally, the jurisdictional requirement under CPR Rule 72.2 that the relevant debt must be “due or accruing due” was not met.
31 August 2018 Akshay Sewlikar, England & Wales; IndiaView full article
English High Court considers the interpretation of an arbitration clause written in a foreign language
A recent decision of the English High Court provides important guidance about the interpretation of arbitration clauses under English law when first written in a foreign language. The essence of the judgment is that, where the translation is contested, any ambiguity should be resolved by standard methods of contractual construction.
22 August 2018 Stephen Lacey, England & Wales; EuropeView full article
ICSID releases draft of new rules
The International Centre for the Settlement of Investment Disputes (ICSID) has published the proposed amendments to its rules. The proposals mark the latest development in ICSID’s rule amendment project which aims to modernise the ICSID rules and make the dispute resolution process more time and cost effective and less paper-intensive. ICSID describes the proposed changes as the most far-reaching amendments in 50 years.
16 August 2018 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North AmericaView full article