Arbitration Links - Linklaters

Linklaters contributes to Getting the Deal Through – Investment Treaty Arbitration

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

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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.

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Mitigating Risk Event 2018 - Linklaters and Webber Wentzel

28 November 2018 Matthew Weiniger, Africa

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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.

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

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

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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.

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2018 HKIAC Rules now in force

The Hong Kong International Arbitration Centre 2018 Administered Arbitration Rules (the "2018 HKIAC Rules") came into force on 1 November 2018.  They will apply in respect of arbitrations where a notice was submitted on or after that date.

20 November 2018 Sadie Buls, Hong Kong

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

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.

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

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

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.

31 October 2018 Valeria Romanova, Russia

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Striking out arbitration claims for inordinate and inexcusable delay

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”).

17 October 2018 Joanne Finnegan, England & Wales; Europe

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