Arbitration Links - Linklaters

English High Court takes a “broad view of the factual matrix” in deciding scope of matters referred to arbitration

08 November 2018 Stephen Lacey; Sadie Buls, England & Wales

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The English High Court decision of Bond v Mackay and others [2018] EWHC 2475 (TCC) concerned a situation where, when a claimant sought to bring further issues before an arbitral tribunal, the court was asked to determine whether those issues fell within the scope of the matters referred to the arbitrator and therefore within his jurisdiction. In assessing this, the court took a “broad view of the factual matrix”, finding that the second claim fell within the substantive jurisdiction of the existing arbitration.

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Russia’s arbitration reform – what do the new laws mean for arbitration in Russia?

31 October 2018 Valeria Romanova, Russia

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Significant amendments to Russia’s arbitration laws (the “New Laws”) came into force back in September 2016. The New Laws are intended to create modern and effective mechanisms for domestic and international arbitration in Russia, as well as to provide solutions to some of the perceived problems associated with using arbitration in Russia. Valeria Romanova from our Moscow office considers the changes and their impact.

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Striking out arbitration claims for inordinate and inexcusable delay

17 October 2018 Joanne Finnegan, England & Wales; Europe

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In Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm), the English Commercial Court provided useful guidance on when arbitration claims may be dismissed for inordinate and inexcusable delay under s.41(3) Arbitration Act 1996 (the “AA”).

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HKIAC 2018 Rules – where are we now?

As we reported last year, the Hong Kong International Arbitration Centre (“HKIAC”) is consulting on amendments to its 2013 version of the Rules in an effort to respond to the needs of HKIAC users and technological advances in dispute resolution. The ongoing rules revision process is overseen by the HKIAC Rules Revision Committee. The first draft of the new rules was published back in August 2017 and highlighted major amendments proposed by the Committee for public consultation.

04 October 2018 Sadie Buls, Hong Kong

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Linklaters contributes to International Comparative Legal Guide to Arbitration 2018

Linklaters’ Dispute Resolution team has contributed to the 2018 edition of the International Comparative Legal Guide to International Arbitration. The Guide is a practical cross-border insight into international arbitration work and an overview of arbitration legislation and practice in 49 jurisdictions.

25 September 2018 Matthias Schelkens, Belgium; Europe

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The foreign act of state doctrine in English arbitration proceedings

In Reliance Industries v Union of India [2018] EWHC 822 Reliance Industries Limited and BG Exploration and Production India Limited (the “Claimants”) challenged awards made in favour of the Union of India (the “Government”) under the Arbitration Act 1996 (the “AA 1996”). The English High Court (the “Court”) had the opportunity to consider the issue of the applicability of the foreign act of state doctrine to English seated arbitration proceedings.

20 September 2018 Akshay Sewlikar, England & Wales; India

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Post-Achmea: Vattenfall tribunal maintains jurisdiction over intra-EU Energy Charter Treaty claim against Germany

In a detailed decision, an ICSID tribunal hearing a dispute between Swedish Vattenfall and Germany over the state’s phase out of nuclear power in the wake of the Fukushima disaster (ICSID Case No. ARB/12/12) has maintained jurisdiction to hear the dispute under the Energy Charter Treaty (“ECT”). The decision follows objections raised by Germany after the Achmea-judgment of the Court of Justice of the European Union (“CJEU”). We have previously reported on implications of Achmea for ECT-claims and the European Commissions’ view of the Achmea-judgment here.

13 September 2018 Kirstin Schwedt, Europe

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