Arbitration Links - Linklaters

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

19 September 2019 Hannah Lilley, England & Wales

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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.

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Business and Human Rights Arbitration: Widening the net of remedies

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

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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.

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

23 August 2019 Andrew Clark, England & Wales

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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.

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Foreign Arbitral Institutions enter the Russian Arbitration market

As reported in an earlier blog post, significant amendments to the Law on Arbitration came into force in Russia back in September 2016.

One of the key changes brought about by the arbitration reform includes the introduction of a new regime for recognition of arbitral institutions established by various industry associations (those being non-commercial organisations) as “permanent arbitral institutions” (“PAIs”). This process is subject to the forum meeting statutory conditions and receiving an approval from the Russian Government to perform these functions.

12 August 2019 Valeria Romanova, Russia

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Experts publish “toolkit” to help arbitrators deal with issues of corruption and money laundering

On 30 May, the University of Basel’s Competence Centre - Arbitration and Crime and the Basel Institute on Governance (a not-for profit organisation) jointly published a toolkit to assist arbitrators dealing with issues or corruption and money laundering. The toolkit is the product of a 2-year consultation process involving regulators, arbitrators, lawyers, forensics, and academics.

It is commonplace to say that arbitrators confronted with allegations or suspicions of economic crime face difficult challenges as they must balance their duties to the parties with public policy rules and lack the investigative powers of the state. The purpose of the toolkit is to help arbitrators address these challenges in a comprehensive manner and find solutions in accordance with applicable laws. This article summarises its key aspects.

06 August 2019 Adrien Canivet, Asia-Pacific; Europe; Latin America; Middle East; North America

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The latest on ICSID’s Rule Amendment Project

Last month, the International Centre for Settlement of Investment Disputes (ICSID) published its second compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. This is the latest development in ICSID’s rule amendment project which was formally launched in 2017.  

24 July 2019 Sadie Buls, Africa; Asia-Pacific; Europe; Latin America; North America

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Anti-arbitration injunctions considered by the English Court of Appeal

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.

18 July 2019 Stephen Lacey, England & Wales; Europe

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