Arbitration Links - Linklaters

Arbitration and meeting the demands of the future energy sector

14 May 2019 Roland Ziade; Pierre Duprey, Asia-Pacific; Europe; Latin America; Middle East; North America

Last month, Dispute Resolution partners Pierre Duprey and Roland Ziade took the opportunity to discuss their views on the implications of the global energy transition on international arbitration in a guest blog for the International Chamber of Commerce (ICC). 

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Interim Relief from Mainland Chinese Court will become available for Hong Kong Arbitrations

08 May 2019 Justin Tang, Asia-Pacific; Hong Kong


On 2 April 2019, the Hong Kong Government and the Mainland Supreme People’s Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the “Arrangement”). Once implemented, the Arrangement will allow parties to arbitral proceedings seated in Hong Kong to apply, at any time before an arbitral award is made, to Mainland courts for interim measures including property preservation, evidence preservation and conduct preservation.

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The CJEU Confirms that CETA’s Investment Court System is Compatible with EU Law

03 May 2019 Guillaume Croisant, Europe


In 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”). 

Last January, Advocate General Bot concluded that this mechanism for the settlement of investor-State disputes was compatible with the EU Treaties and the EU Charter of Fundamental Rights. The CJEU followed suit in its much anticipated opinion delivered this week.

An adverse opinion would have had serious political consequences, as it would have required the amendment of CETA (pursuant to Article 218(11) of the TFEU), and potentially brought grist to the mill of part of the European civil society opposing investor-State arbitration.

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Highlights from the 2018 LCIA Annual Casework Report

The LCIA released its 2018 Casework Report on 1 April 2019. The Report analyses the statistics from the LCIA 2018 caseload and contains a range of data broken down by sector, contract type and time elapsed since the underlying agreement was reached.

30 April 2019 Phillip Aquilina, England & Wales; Europe

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Judicial protection of investors in the EU: remedies offered by investment arbitration, the ECHR and EU law

Partner Xavier Taton and associate Guillaume Croisant, both from our Brussels office, have contributed to the Indian Journal of Arbitration Law.

17 April 2019 Guillaume Croisant; Xavier Taton, Europe

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The publication of ICC Awards – New Approach to ICC Awards

The ICC has recently released its Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (the “Note”). The Note intends to provide parties and tribunals with practical guidance on ICC arbitrations. It provides clarifications on various practical issues and concerns in an ICC arbitration, such as inter alia, the expedited arbitration procedure, scrutiny of the award and the submissions by amicus curiae.

10 April 2019 Akshay Sewlikar, Europe

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English High Court partially grants non-party request for documents relating to proceedings to remove arbitrator

The English Commercial Court has allowed, in part, a non-party to access documents that were used in Commercial Court proceedings in support of an arbitration to remove an arbitrator, despite arbitration proceedings in England ordinarily giving rise to confidentiality obligations.

04 April 2019 Hannah Lilley, England & Wales

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