Arbitration Links - Linklaters

CJEU judgment in Slovak Republic v. Achmea BV: intra-EU BITs incompatible with EU law

13 March 2018 Julia Grothaus; Rupert Bellinghausen, Europe; Germany


In the much anticipated judgment of 6 March 2018 (Case C-284/16), the Court of Justice of the European Union (“CJEU”) found the arbitration provision of the bilateral investment treaty (“BIT”) between the Netherlands and Slovakia to be incompatible with EU law. As the decision potentially affects not less than 196 BITs between EU Member States (“intra-EU BITs”), it is likely to have significant consequences for the world of intra-EU BIT arbitration. Yet, its overall implications are far from clear, so that the judgment will loom large for some time to come.

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English High Court considers the impact of third party funding in the context of a challenge to an Award

28 February 2018 Mikhail Vishnyakov, England & Wales


In Progas Energy Limited et al v the Islamic Republic of Pakistan [2018] EWHC 209 (Comm) the English High Court considered the conditions to be imposed on the Claimants who sought to challenge an award.

The Court ordered security for costs against the Claimants notwithstanding the fact that they had the support of a commercial third party funder. However, third party funding did not impact on the Court’s refusal to order, as a condition of the challenge, the security of sums due under the award being challenged.

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An Introduction to Drafting an Arbitration Clause

21 February 2018 Matthew Weiniger, England & Wales


What should you be asking yourself when beginning to draft an arbitration clause? In this video, Matthew Weiniger QC, Partner and Global Co-Head of International Arbitration, provides an introduction to the topic and some of the main points for consideration.

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Successful section 68 challenge where no opportunity to make submissions on costs

In Oldham v. QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm), the Commercial Court allowed a challenge to an arbitral award under section 68 of the Arbitration Act 1996 on grounds of serious irregularity where the applicant had not been given a reasonable opportunity to make submissions as to costs.

14 February 2018 Joanne Finnegan, England & Wales

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Brexit and International Arbitration in London

Matthew Weiniger QC, Dispute Resolution Partner & Global Co-Head of International Arbitration, has produced a short video discussing the impact of Brexit on the practice of international arbitration in London. 

08 February 2018 Matthew Weiniger, England & Wales; Europe

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Set aside decision highlights important practice point for Requests for Arbitration under LCIA rules

In A v B [2017] EWHC 3417 London’s Commercial Court held that the LCIA rules did not permit a Request for Arbitration filed by the claimant to include related claims under two contracts and their associated LCIA arbitration agreements (thereby denying the tribunal jurisdiction). Claimants in LCIA arbitrations may therefore well wish to consider filing multiple requests in like circumstances in future.

31 January 2018 Stephen Lacey; Sadie Buls; Matthew Weiniger, England & Wales

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New 2018 DIS Arbitration Rules – a modern, efficient and flexible frame-work for solving disputes

The German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V. – DIS) has thoroughly revised its arbitration rules. The previous DIS Rules, which have been in force since 1998, functioned well in practice and are very popular in international agreements involving German parties. However, particularly in view of the reform projects of other national and international arbitration institutions, it was time to modernise the rules. Thanks to the revision, the DIS is even better positioned in competition with other arbitration institutions and even more so in competition with state courts.

30 January 2018 Dr. Rupert Bellinghausen; Kirstin Schwedt, Germany

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