Arbitration Links - Linklaters

Arbitral tribunal lacked substantive jurisdiction when appointed after a party ceased to exist

12 June 2019 England & Wales; Europe

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In Chung v Silver Dry Bulk Co Ltd [2019] EWHC 1147 (Comm) the English Commercial Court granted an application challenging the substantive jurisdiction of an arbitral tribunal appointed after the dissolution of the defendant corporation.

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English High Court provides guidance on leave to appeal applications under s.69 Arbitration Act 1996

07 June 2019 Airlie Goodman, England & Wales; Europe

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In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and another [2019] EWHC 704 (Ch) the English High Court rejected an application for leave to appeal against an arbitral award on a point of law under s.69 of the Arbitration Act 1996. In his judgment, HHJ Paul Matthews discussed the mechanics of obtaining such leave, particularly the requirement under s.69(3)(c)(i) of the Act that the decision of the arbitrator to make the award being challenged be “obviously wrong”.

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Live stream: ICC YAF: The psychology of decision-making in international arbitration

23 May 2019 Cezary Wisniewski; Alicja Zielinska-Eisen, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America; Poland

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On Friday, May 24 at 15:00 CET, the Warsaw office of Linklaters hosted the latest ICC Young Arbitrators Forum conference titled “The psychology of decision-making in international arbitration”. The conference opened with a keynote presentation by Dr. Ula Cartwright-Finch, an international arbitration specialist with a PhD in Cognitive Psychology, and a thought leader in legal psychology. A panel discussion followed addressing questions such as what factors influence arbitrators’ decisions, how does diversity within a group impact its performance, and how reliable is a witness’ memory?

We live-streamed this event. For more details, including on how to watch, please click through to the full article.

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Publication of ICC Commission Report on Emergency Arbitrator Proceedings

The Task Force on Emergency Arbitrator Proceedings and the ICC Commission on Arbitration recently released a report on emergency arbitrator proceedings. The report aims to identify emerging trends based on a review of, inter alia, the ICC filings for emergency arbitrators since 2012 (Annex I) and the ICC National Committees’ responses to questionnaires on local law (Annex II).

21 May 2019 Ben Carroll, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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Arbitration and meeting the demands of the future energy sector

Last month, Dispute Resolution partners Pierre Duprey and Roland Ziade took the opportunity to discuss their views on the implications of the global energy transition on international arbitration in a guest blog for the International Chamber of Commerce (ICC). 

14 May 2019 Roland Ziade; Pierre Duprey, Asia-Pacific; Europe; Latin America; Middle East; North America

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Interim Relief from Mainland Chinese Court will become available for Hong Kong Arbitrations

On 2 April 2019, the Hong Kong Government and the Mainland Supreme People’s Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the “Arrangement”). Once implemented, the Arrangement will allow parties to arbitral proceedings seated in Hong Kong to apply, at any time before an arbitral award is made, to Mainland courts for interim measures including property preservation, evidence preservation and conduct preservation.

08 May 2019 Justin Tang, Asia-Pacific; Hong Kong

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The CJEU Confirms that CETA’s Investment Court System is Compatible with EU Law

In September 2017, Belgium requested the opinion of the Court of Justice of the European Union (“CJEU”) on the compatibility with EU law of the Investment Court System (“ICS”) provided for by the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA”). 

Last January, Advocate General Bot concluded that this mechanism for the settlement of investor-State disputes was compatible with the EU Treaties and the EU Charter of Fundamental Rights. The CJEU followed suit in its much anticipated opinion delivered this week.

An adverse opinion would have had serious political consequences, as it would have required the amendment of CETA (pursuant to Article 218(11) of the TFEU), and potentially brought grist to the mill of part of the European civil society opposing investor-State arbitration.

03 May 2019 Guillaume Croisant, Europe

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