Arbitration Links - Linklaters
  • Jurisdiction: Africa

ICSID Publishes Third Working Paper on Rule Amendments

25 September 2019 Sadie Buls, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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Last month, the International Centre for Settlement of Investment Disputes (ICSID) released its latest proposed amendments to its rules and regulations for the resolution of international investment disputes. Working Paper #3: Proposals for Amendment of the ICSID Rules was published on 16 August 2019 and follows ICSID’s second compendium of state and public comments on proposed amendments released back in June 2019.

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Business and Human Rights Arbitration: Widening the net of remedies

11 September 2019 Suleyman Wellings-Longmore, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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International arbitration moves closer to becoming a forum for business and human rights (“BHR”) disputes with the publication of draft BHR arbitral rules. Whilst some technical considerations remain, BHR arbitration offers many exciting advantages to current dispute resolution mechanisms and would be a welcome option for many.

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The latest on ICSID’s Rule Amendment Project

24 July 2019 Sadie Buls, Africa; Asia-Pacific; Europe; Latin America; North America

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Last month, the International Centre for Settlement of Investment Disputes (ICSID) published its second compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. This is the latest development in ICSID’s rule amendment project which was formally launched in 2017.  

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Live stream: ICC YAF: The psychology of decision-making in international arbitration

23 May 2019 Cezary Wisniewski; Alicja Zielinska-Eisen, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America; Poland

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On Friday, May 24 at 15:00 CET, the Warsaw office of Linklaters hosted the latest ICC Young Arbitrators Forum conference titled “The psychology of decision-making in international arbitration”. The conference opened with a keynote presentation by Dr. Ula Cartwright-Finch, an international arbitration specialist with a PhD in Cognitive Psychology, and a thought leader in legal psychology. A panel discussion followed addressing questions such as what factors influence arbitrators’ decisions, how does diversity within a group impact its performance, and how reliable is a witness’ memory?

We live-streamed this event. For more details, including on how to watch, please click through to the full article.

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Publication of ICC Commission Report on Emergency Arbitrator Proceedings

21 May 2019 Ben Carroll, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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The Task Force on Emergency Arbitrator Proceedings and the ICC Commission on Arbitration recently released a report on emergency arbitrator proceedings. The report aims to identify emerging trends based on a review of, inter alia, the ICC filings for emergency arbitrators since 2012 (Annex I) and the ICC National Committees’ responses to questionnaires on local law (Annex II).

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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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Consultation open for ICCA working group’s draft Cybersecurity Protocol

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

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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 cybersecurity@arbitration-icca.org no later than 30 September 2018.

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

18 July 2018 Stephen Lacey, Africa; Mauritius

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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.

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Arbitration Links turns 1!

09 July 2018 Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

In summer 2017 we launched Arbitration Links, our blog (and Linklaters’ first) dedicated to reporting on developments in international commercial arbitration and investment arbitration. Please do watch, and share, this short video celebrating Arbitration Links's first birthday.

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An introduction to the relationship between smart contracts and international dispute resolution mechanisms

19 June 2018 Matthew Weiniger, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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In this video blog, Matthew Weiniger QC, our Global Co-Head of International Arbitration, takes a look at one of the oft-cited advantages of smart contracts and distributed ledger technology; namely their ability to reduce, or even eliminate, the potential for disputes. Matthew examines whether this is really true, and why parties should still be thinking about building conventional dispute resolution mechanisms into such structures.

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Interview with Matthew Weiniger and Campbell McLachlan on International Investment Arbitration – Substantive Principles, Second Edition

14 June 2018 Matthew Weiniger, Africa; Asia-Pacific; Europe; Latin America; North America

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Last month, Dispute Resolution Partner and Global Co-Head of International Arbitration, Matthew Weiniger was interviewed, together with Professor Campbell McLachlan of the Victoria University of Wellington, by The Arbitration Station.  They were discussing the second edition of their book International Investment Arbitration – Substantive Principles, co-authored with Laurence Shore. In the interview, Matthew and Campbell describe their objectives behind the text and how developments have shaped investment arbitration in the 10 years since the first edition was published.

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Announcing the launch of TradeLinks, the Linklaters international trade law blog

03 May 2018 Matthew Weiniger, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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The Linklaters International Trade Practice has launched a regular blog that will look at a wide range of topics that span the area of international trade including Brexit and its impact on the UK’s international trade position, trade wars, tariffs and trade disputes.

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OHADA adopts new texts on arbitration and mediation

20 March 2018 Clément Fouchard; Roland Ziade, Africa

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The revised OHADA Uniform Act on Arbitration (the Arbitration Act) and revised Rules on Arbitration of the Joint Court of Justice and Arbitration (the CCJA) (the Rules), as well as the new Uniform Act on Mediation (the Mediation Act), entered into force on 15 March 2018. The fruit of nearly two years of consultations among the 17 Member States of the Organisation for the Harmonization of Corporate Law in Africa (OHADA), these new acts will apply to all proceedings initiated as of such effective date. These acts had all been approved on 23 November 2017 by the OHADA Council of Ministers.

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Arbitration trends in Sub-Saharan Africa and an introduction to the Webber Wentzel team

18 December 2017 Scheleese Goudy; Vlad Movshovich; Erin Warmington; Duncan Wild, Africa

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The international arbitration landscape in Sub-Saharan Africa is changing at a rapid rate. This blog entry looks at key legal developments in South Africa and Sub-Saharan Africa over the past few months, many of which could be seen to be enhancing the ability of the region’s countries and fora to deal with international disputes expeditiously and efficiently. We also offer our view on the future of the international investment regime in the region.

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