Arbitration Links - Linklaters

Changes afoot for tribunal secretaries at the LCIA

16 January 2018 Sadie Buls, England & Wales

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The London Court of International Arbitration (“LCIA”) has recently implemented new guidelines concerning the use of tribunal secretaries with effect from 26 October 2017. The Yukos arbitration and recent English case law concerning an LCIA tribunal secretary has raised interest in their role and there is also an increasing trend amongst institutions to provide greater clarity and transparency of their role (of which the LCIA’s guidelines are part).

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Do arbitration clauses catch cartel damages claims? First German court decision answers this question in the affirmative

09 January 2018 Dr. Rupert Bellinghausen; Julia Grothaus, Europe; Germany

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Whilst the CJEU’s 2015 landmark decision in CDC v. Akzo Nobel et al. considered whether cartel damages claims fall within the scope of jurisdiction clauses in favour of EU Member States, what about arbitration clauses? The first German court decision on this issue, handed down by the Regional Court of Dortmund (Landgericht Dortmund), has concluded that, where German law applies to the clause, they do – irrespective of whether the clause is worded broadly or narrowly (judgment of 13 September 2017, case no. 8 O 30/16 [Kart]).

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Arbitration trends in Sub-Saharan Africa and an introduction to the Webber Wentzel team

18 December 2017 Scheleese Goudy; Vlad Movshovich; Erin Warmington; Duncan Wild, Africa

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The international arbitration landscape in Sub-Saharan Africa is changing at a rapid rate. This blog entry looks at key legal developments in South Africa and Sub-Saharan Africa over the past few months, many of which could be seen to be enhancing the ability of the region’s countries and fora to deal with international disputes expeditiously and efficiently. We also offer our view on the future of the international investment regime in the region.

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No appeals on a point of law by stealth: the limits of s.69 Arbitration Act 1996

In an English seated arbitration, s.69 Arbitration Act 1996 permits, albeit under certain limited circumstances, an appeal to the court on a question of English law arising from an arbitral award. The High Court’s recent decision in "The CV Stealth" [2017] EWHC 2808 illustrates the need to think carefully about such a course of action.

14 December 2017 Stephen Lacey, England & Wales

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Linklaters book launch event: The Political Economy of the Investment Treaty Regime

On Thursday 16 November 2017 Linklaters hosted a special forum to celebrate the launch of a new book, The Political Economy of the Investment Treaty Regime, written by Dr Jonathan Bonnitcha, Dr Lauge Poulsen and Dr Michael Waibel.  The book was recently published by Oxford University Press. 

 

06 December 2017 Matthew Weiniger, England & Wales

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Adopting a compliance approach to fight corruption and protect investments

At the 15th annual International Chamber of Commerce’s (ICC) Miami Conference earlier this month, one of the programme’s top-line issues for discussion was the matter of a “compliance” approach to arbitration. Here, Christian Albanesi (Head of Latin American Arbitration), Adam Lurie (US Head of Litigation and Government Investigations), and Caitlin Potratz (Senior US Associate), outline their stance on the topic.  

30 November 2017 Christian Albanesi; Adam Lurie; Caitlin Potratz, England & Wales; Latin America; North America

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High Court decides that FOS decisions are not arbitral awards

In Berkeley Burke SIPP Administration LLP v Charlton [2017] EWHC 2396 (Comm), the High Court held that a determination of the FOS was not an arbitral award and therefore cannot be appealed under section 69 Arbitration Act 1996 (the “Act”).

22 November 2017 Joanne Finnegan, England & Wales

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