Arbitration Links - Linklaters

Swedish Arbitration Act revised: making arbitration more efficient and easily accessible

14 March 2019 Niclas Widjeskog; Maja Bjerkelund, Europe


On 1 March 2019, the revised Swedish Arbitration Act entered into effect following a nearly five-year long legislative process to update the Swedish Arbitration Act of 1999.

The revised Act aims to make the arbitration process more efficient and easily accessible, especially for non-Swedish parties, and ensures that Stockholm continues to be an attractive venue for international arbitration. The revisions strengthen party autonomy and provide for an efficient process which further facilitates the needs of international arbitration.

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ICSID compendium of comments on proposed rule amendments and 2018 caseload statistics

28 February 2019 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America


Last month, the International Centre for Settlement of Investment Disputes (ICSID) published a compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. It also issued a press release announcing its most recent caseload statistics, including details on the geography, industry and outcomes of new cases.

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AG Bot concludes that CETA’s Investment Court System is compatible with EU law

21 February 2019 Guillaume Croisant, Europe


On 7 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”).

In his much anticipated opinion rendered on 29 January 2019, Advocate General (“AG”) Bot considers that this mechanism for the settlement of investor-State disputes is compatible with the EU Treaties and the EU Charter of Fundamental Rights.

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Hong Kong introduces Third Party Funding for Arbitration

The Hong Kong Government has announced that amendments to the Arbitration Ordinance, allowing for third party funding of arbitration in Hong Kong, will come into effect on 1 February 2019. This is a long awaited and highly anticipated development. In addition, in accordance with the provisions of Division 4 of part 10A of the Arbitration Ordinance, the Hong Kong Government has released a “Code of Practice for Third Party Funding of Arbitration”.

11 February 2019 Glenys Newall, Hong Kong

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London Commercial Court: Service by diplomatic channels is mandatory to enforce award against a State in the UK

In General Dynamics UK Ltd v Libya Queen's Bench Division [2019] EWHC 64 (Comm), the English Commercial Court held that an arbitral award against a State cannot be enforced in the United Kingdom without service on that State of court documents in accordance with s.12 of the State Immunity Act 1978.

06 February 2019 Adrien Canivet, England & Wales; Middle East

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EU Member States announce their intention to terminate intra-EU BITs

In early January, the EU Member States announced their intention to terminate all intra-EU bilateral investment treaties. Their declarations come in reaction to last year’s Achmea-decision on intra-EU investor-state dispute settlement. Interestingly, the EU Member States could not agree on a unitary position regarding the Energy Charter Treaty.

How will these political declarations impact pending arbitrations, or those initiated before the EU Member States put in place a new regime?

30 January 2019 Kirstin Schwedt, Europe

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Investment protection under the USMCA

After protracted negotiations which have been covered extensively in the press, the US signed the new United States, Mexico and Canada Agreement (“USMCA”) with Mexico and Canada on 30 November 2018. The USMCA replaces the North American Free Trade Agreement 1994 (“NAFTA”) which had governed trade relations between the parties. The investment provisions were contained in Chapter 11 of NAFTA and applied to all investments and investors of any party.  Subject to specific carve outs, all such investments were subject to the dispute settlement provisions in Chapter 11 which provided for investor-state arbitration.  The proposed investment regime in Chapter 14 of USMCA is a significant departure from its equivalent Chapter 11 of NAFTA. 

22 January 2019 Akshay Sewlikar, Latin America; North America

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