Arbitration Links - Linklaters

New Ruling by the Madrid High Court of Justice: Arbitration and Public Policy

10 August 2018 Emma Morales, Europe; Spain


On 5 April 2018, the Civil and Criminal Chamber of the Madrid High Court of Justice (Tribunal Superior de Justicia de Madrid, TSJM) set aside an arbitral award as contrary to public policy, because the challenged award contained “an unreasonable assessment of the evidence and unreasonable failure to apply applicable rules”.

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English commercial court considers requirement for party to be given fair opportunity to respond

07 August 2018 Sadie Buls; Stephen Lacey, England & Wales; Europe


In the recent decision of Grindrod Shipping v Hyundai Merchant Marine [2018] EWHC 1284, the English Commercial Court considered the degree to which issues relied upon by the tribunal must have been put before it; in particular, whether points raised by one of the parties in one context can be deployed by the tribunal in another. The short answer is that there is no problem with this, provided the issues can be said to have been “in play” so as to give the other a fair opportunity to respond.

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The changing landscape of intra-EU investment protection: latest communication by the European Commission and other post-Achmea developments

31 July 2018 Kirstin Schwedt; Maximilian Reichert, Europe


In the wake of the Court of Justice of the European Union’s (“CJEU”) judgment in Achmea, the European Commission recently communicated that “EU investors cannot invoke intra-EU BITs” or the Energy Charter Treaty (“ECT”) for intra-EU investments and advertised alternative remedies available under EU law. Meanwhile, ICSID tribunals have continued to render awards on intra-EU investment disputes and a court in Stockholm is considering a preliminary reference to the CJEU with respect to the ECT (for further background see our previous posts on Achmea here, here and here.) But even five months after Achmea and numerous contributions to the debate on its interpretation, the pivotal questions remain unanswered.

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Consultation open for ICCA working group’s draft Cybersecurity Protocol

The draft Cybersecurity Protocol for International Arbitration has been published by the International Council for Commercial Arbitration (ICCA) Working Group on Cybersecurity in International Arbitration. Accessible here, the protocol does not specify particular measures to be included in arbitration agreements or procedural orders, but instead proposes a framework for developing cybersecurity measures appropriate to each individual case. Written comments should be submitted to no later than 30 September 2018.

24 July 2018 Erin Marsh, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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LCIA announces termination of its Mauritian joint venture and closure of LCIA-MIAC

The LCIA has announced that, as of 27 July 2018, its joint venture with the Mauritian Government which established the LCIA-MIAC arbitration centre will come to an end and that, consequently, as of that date LCIA-MIAC will also no longer be operational.

18 July 2018 Stephen Lacey, Africa; Mauritius

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Linklaters’ recent contributions to Kluwer Arbitration Blog

Linklaters has recently contributed two articles to the Kluwer Arbitration Blog.

18 July 2018 Matthew Weiniger; Akshay Sewlikar; Stephanie Tang, Europe; Hong Kong; United States of America

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Enforcement of specific performance awards against sovereign states

A decision of the United States (the “US”) District Court for the District of Columbia (the “Court”) has brought issues around enforcing awards of specific performance into the spotlight. The Court refused to enforce a UNCITRAL award for specific performance obtained by Scottish oil and gas company, Hardy Exploration and Production (India) (“HEPI”), against the Government of India (“GoI”) as being contrary to public policy. This case is the latest in a long-running series of oil disputes involving the GoI, which has been involved in arbitrations relating to 22 out of its 310 production sharing contracts between 2001 and 2015.

12 July 2018 Akshay Sewlikar, India; North America

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