Arbitration Links - Linklaters

Investment protection under the USMCA

22 January 2019 Akshay Sewlikar, Latin America; North America

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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. 

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U.S. Supreme Court: No FAA “wholly groundless” exception to tribunal’s jurisdiction over questions of arbitrability

15 January 2019 Christian Albanesi; Adam Lurie, United States of America

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The U.S. Supreme Court has issued a unanimous ruling holding that courts may not decide issues of arbitrability where the underlying arbitration agreement delegates such determinations to the arbitrator, even where the arbitration bid is argued to be “wholly groundless.”  The decision—which resolved a long-running split among lower courts—is further evidence of a continuing U.S. trend in favor of parties’ rights to contract for arbitration.

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Proposed Amendments to the Indian Arbitration and Conciliation Act 1996

11 January 2019 Akshay Sewlikar, India

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The arbitration regime in India is primarily governed by the Arbitration and Conciliation Act, 1996 (“Act”). On 10 August 2018, the lower house of India’s bi-cameral parliament (Lok Sabha) passed the Arbitration and Conciliation (Amendment) Bill, 2018 (“Bill”). The Bill now has to, inter alia, be passed by the upper house (Rajya Sabha) before it becomes law and amends the Act. However, substantial changes to the Bill are not expected at this stage. In its current form, the Bill seeks to introduce key changes which may impact international arbitrations seated in India, as we discuss in this article.  

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London International Disputes Week Is Coming…

A collaboration of over 50 leading law firms, barristers’ chambers, experts, academics, legal commentators and dispute resolution organisations have joined forces to launch London International Disputes Week (LIDW), with the inaugural event set to take place between 7-10 May 2019.

Linklaters is excited to be a part of LIDW and will be hosting the LIDW seminar on financial services disputes, as well as being represented on panel discussions concerning commercial arbitration, and investment treaty disputes.

18 December 2018 Stephen Lacey, England & Wales

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Linklaters contributes to Getting the Deal Through – Investment Treaty Arbitration

Linklaters’ Dispute Resolution team has contributed to the 2019 edition of the Getting the Deal Through – Investment Treaty Arbitration. The Guide is a practical cross-border insight into investor-state arbitration’s legislation, practice and trends in key jurisdictions around the world.

06 December 2018 Guillaume Croisant; Xavier Taton; Françoise Lefèvre; Nicolas Delwaide, Belgium

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Mitigating Risk Event 2018 - Linklaters and Webber Wentzel

Doing business in Africa?

Linklaters alongside our collaborative alliance firm Webber Wentzel recently hosted a Mitigating Risk in Africa seminar in Johannesburg . Our international arbitration teams across Africa and Europe, together with key global arbitration centres, presented the latest insights into how the international arbitration landscape is evolving. We also discussed how corporates and banks can react to these changes and best manage their business risks while, at the same time, contribute towards growth and sustainability on the African continent.

28 November 2018 Matthew Weiniger, Africa

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English High Court rejects revived application to set aside order to enforce arbitral award

In Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd [2018] EWHC 2713 (Comm) the English Commercial Court provided useful confirmation of the high bar to be met in an application to set aside enforcement of an international arbitration award where the award had already been unsuccessfully challenged at the seat of the arbitration.

22 November 2018 Sadie Buls; Gráinne Hawkes, England & Wales; France

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