Arbitration Links - Linklaters

Linklaters speakers at Tokyo Young ICCA & YJAA cross-examination workshop

18 October 2019 Eriko Kadota, Asia-Pacific

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In early October, Melvin Sng and Eriko Kadota spoke at the Young ICCA and Young JAA skills training workshop on cross-examination in Tokyo.

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English Commercial Court holds that tribunal’s decision to exclude expert evidence did not constitute “serious irregularity”

11 October 2019 Stephen Lacey, England & Wales; Europe

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In an arbitration with seat in England, s.68 of the Arbitration Act permits a challenge to an award on the basis of “serious irregularity”. In K v S [2019] EWHC 2386 (Comm), the Commercial Court dismissed a s.68 challenge attempting to strike at a case management decision made by a tribunal, on which the tribunal had taken submissions. The case illustrates why, in such circumstances, such a challenge may be ambitious.

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Interim Relief Arrangement between Mainland Chinese Court and Hong Kong for Arbitral Proceedings: in force on 1 October 2019

30 September 2019 Justin Tang; Melvin Sng; Andrew Chung; Denise Fung, Asia-Pacific; China; Hong Kong

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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”). The Arrangement allows 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. The Supreme People’s Court announced on 26 September 2019 that the Arrangement will come into force on 1 October 2019. 

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ICSID Publishes Third Working Paper on Rule Amendments

Last month, the International Centre for Settlement of Investment Disputes (ICSID) released its latest proposed amendments to its rules and regulations for the resolution of international investment disputes. Working Paper #3: Proposals for Amendment of the ICSID Rules was published on 16 August 2019 and follows ICSID’s second compendium of state and public comments on proposed amendments released back in June 2019.

25 September 2019 Sadie Buls, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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English High Court reviews scope of appeals on a point of law

In Martin & Ors v Harris [2019] EWHC 1962 (Ch) the English High Court (Chancery Division) set aside an arbitral award pursuant to s 69 of the Arbitration Act 1996 (the “1996 Act”). In reaching its decision, Mr Michael Green QC, sitting as a Deputy Judge of the Chancery Division, held that a s 69 appeal on a point of law may succeed where a tribunal correctly states the law, but does not then apply those legal principles correctly.

19 September 2019 Hannah Lilley, England & Wales

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Business and Human Rights Arbitration: Widening the net of remedies

International arbitration moves closer to becoming a forum for business and human rights (“BHR”) disputes with the publication of draft BHR arbitral rules. Whilst some technical considerations remain, BHR arbitration offers many exciting advantages to current dispute resolution mechanisms and would be a welcome option for many.

11 September 2019 Suleyman Wellings-Longmore, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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English Commercial Court rejects section 68 application based on inadequate reasons in arbitral award

In Islamic Republic of Pakistan and Ors v Broadsheet LLC [2019] EWHC 1832 (Comm), the English High Court dismissed an application made under section 68 of the Arbitration Act, 1996 (the “Act”), holding that insufficient reasoning by arbitrators in their award does not amount to a serious irregularity under section 68(2)(c) or (h) of the Act.

23 August 2019 Andrew Clark, England & Wales

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