Arbitration Links - Linklaters

Anti-arbitration injunctions considered by the English Court of Appeal

18 July 2019 Stephen Lacey, England & Wales; Europe


In Sabbagh v Khoury and others [2019] EWCA Civ 1219, the Court of Appeal reviewed the extent to which an English court may grant an injunction to restrain parties from participating in an arbitration with an overseas seat.

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English High Court sets aside award as tribunal failed to act fairly and impartially

08 July 2019 Benja Arnott, England & Wales


In P v D and Ors [2019] EWHC 1277 (Comm), the English High Court granted an application made under Section 68 of the Arbitration Act 1996 (the “Act”), on the basis that the arbitrators were in breach of their duty under Section 33 of the Act to act fairly and impartially.

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Micula Case: The General Court Quashes the Commission’s Decision and Rules that the Award is Not State Aid

20 June 2019 Guillaume Croisant, Europe


In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million award rendered by an ICSID tribunal back in 2013 would constitute illegal State aid in the meaning of Article 107 of the TFEU. In its judgment rendered this week, the General Court considered that the award recognised a right to compensation for the investors existing before Romania’s accession to the EU. As a result, the Commission was precluded to apply EU State aid rules to this situation, at least with respect to the pre-accession period. The General Court’s decision can be appealed before the Court of Justice.

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

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.

12 June 2019 England & Wales; Europe

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

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”.

07 June 2019 Airlie Goodman, England & Wales; Europe

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

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.

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

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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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