Arbitration Links - Linklaters
  • Author: Adrien Canivet

Experts publish “toolkit” to help arbitrators deal with issues of corruption and money laundering

06 August 2019 Adrien Canivet, Asia-Pacific; Europe; Latin America; Middle East; North America

Tags

On 30 May, the University of Basel’s Competence Centre - Arbitration and Crime and the Basel Institute on Governance (a not-for profit organisation) jointly published a toolkit to assist arbitrators dealing with issues or corruption and money laundering. The toolkit is the product of a 2-year consultation process involving regulators, arbitrators, lawyers, forensics, and academics.

It is commonplace to say that arbitrators confronted with allegations or suspicions of economic crime face difficult challenges as they must balance their duties to the parties with public policy rules and lack the investigative powers of the state. The purpose of the toolkit is to help arbitrators address these challenges in a comprehensive manner and find solutions in accordance with applicable laws. This article summarises its key aspects.

View full article

London Commercial Court: Service by diplomatic channels is mandatory to enforce award against a State in the UK

06 February 2019 Adrien Canivet, England & Wales; Middle East

Tags

In General Dynamics UK Ltd v Libya Queen's Bench Division [2019] EWHC 64 (Comm), the English Commercial Court held that an arbitral award against a State cannot be enforced in the United Kingdom without service on that State of court documents in accordance with s.12 of the State Immunity Act 1978.

View full article

High Court restates test for extending the time to challenge arbitral awards

15 August 2017 Adrien Canivet, England & Wales

Tags

In Rollitt (trading as CD Consult) v Ballard [2017] EWHC 1500 (TCC), the High Court rejected an application for permission to appeal an arbitral award on a point of law under section 69 of the Arbitration Act 1996 (“the Act”).  In doing so, it restated the test for extending the time to challenge an award under section 79 of the Act.

View full article

English High Court rejects attempt to obtain disclosure from arbitrators in support of an application to remove them

18 May 2017 Adrien Canivet, England & Wales; Europe

Tags

In P v. Q & Others [2017] EWHC 148 (Comm), a party to an arbitration sought an order, in support of its application to remove two arbitrators, that the tribunal disclose material to it. The High Court dismissed this request; it recognised that arbitrators’ adjudicative materials are, like judges’, immune from disclosure.  It also clarified the scope of that immunity.

View full article

This site uses cookies, if you continue without changing your settings, we'll assume that you are happy to receive all cookies. Click here to learn how to change your cookie settings.

Continue