Arbitration Links - Linklaters
  • Jurisdiction: Asia-Pacific

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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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

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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.

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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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Arbitration and meeting the demands of the future energy sector

14 May 2019 Roland Ziade; Pierre Duprey, Asia-Pacific; Europe; Latin America; Middle East; North America

Last month, Dispute Resolution partners Pierre Duprey and Roland Ziade took the opportunity to discuss their views on the implications of the global energy transition on international arbitration in a guest blog for the International Chamber of Commerce (ICC). 

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Interim Relief from Mainland Chinese Court will become available for Hong Kong Arbitrations

08 May 2019 Justin Tang, Asia-Pacific; Hong Kong

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On 2 April 2019, the Hong Kong Government and the Mainland Supreme People’s Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the “Arrangement”). Once implemented, the Arrangement will allow parties to arbitral proceedings seated in Hong Kong to apply, at any time before an arbitral award is made, to Mainland courts for interim measures including property preservation, evidence preservation and conduct preservation.

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ICSID compendium of comments on proposed rule amendments and 2018 caseload statistics

28 February 2019 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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Last month, the International Centre for Settlement of Investment Disputes (ICSID) published a compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. It also issued a press release announcing its most recent caseload statistics, including details on the geography, industry and outcomes of new cases.

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ICSID releases draft of new rules

16 August 2018 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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The International Centre for the Settlement of Investment Disputes (ICSID) has published the proposed amendments to its rules. The proposals mark the latest development in ICSID’s rule amendment project which aims to modernise the ICSID rules and make the dispute resolution process more time and cost effective and less paper-intensive. ICSID describes the proposed changes as the most far-reaching amendments in 50 years.

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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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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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Françoise Lefèvre appointed to the ICC International Court of Arbitration

26 June 2018 Asia-Pacific; Europe; Latin America; Middle East; North America

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Linklaters is delighted to announce that partner Françoise Lefèvre has been appointed to the International Chamber of Commerce’s (ICC) International Court of Arbitration, one of the world's most experienced and renowned international arbitration institutions.

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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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Mauritius Convention on transparency enters into force

25 January 2018 Sadie Buls, Asia-Pacific; Europe; North America

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The United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the "Mauritius Convention") entered into force on 18 October 2017. An important development in investor-State dispute settlement (“ISDS”), the Mauritius Convention significantly expands the circumstances in which new transparency provisions – concerning arbitration commencement, publication of documents, third-party input, public hearings and confidential information – may apply. While it will be some time before the Mauritius Convention has broad application, it represents an important evolution for ISDS which has significant implications for States and investors alike.

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CIArb Consultation on Cost-Controlled Rules

05 October 2017 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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On 25 September 2017, the Chartered Institute of Arbitrators (CIArb) opened a consultation period relating to a revised draft of its Arbitration Rules. The revision to the rules aims to incorporate a proposed additional appendix on the use of CIArb’s Cost-Controlled Expedited Arbitration Rules. The current version of those rules is dated 2014 and CIArb has stated that updates to other institution procedures, as well as developments in the sphere of cost controls in arbitration generally, have prompted it to review and update its existing rules. 

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HKIAC consults on amendments to its arbitration rules

11 September 2017 Andrew Mullan; Shirley Au Yeung, Asia-Pacific; Hong Kong

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The Hong Kong International Arbitration Centre (“HKIAC”) is consulting on amendments to the 2013 version of its Administered Arbitration Rules. The proposed changes incorporate a number of new provisions and amendments, highlighting HKIAC’s efforts to respond to the needs of its users and technological advances in dispute resolution. The changes may impact on how parties conduct their HKIAC arbitrations in the future and users are invited to submit comments by 2 October 2017.

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India and Bangladesh to issue joint interpretative note on bilateral investment treaty

05 September 2017 Ula Cartwright-Finch; Matthew Weiniger, Asia-Pacific; India

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A recent press announcement by the Government of India indicates that India and Bangladesh have recently agreed to issue a joint interpretative note in respect of the India Bangladesh Agreement for the Promotion and Protection of Investments, 2009 (“India-Bangladesh BIT”) (the “Note”). According to the announcement, the Note would clarify the interpretations of various clauses in the treaty including the definitions of investor and investment, exclusion of taxation measures and other substantive standards such as most favoured nation, national treatment and fair and equitable treatment. The exact terms of the Note have not been released yet by either India or Bangladesh.

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ICSID Rule Amendment Project

27 July 2017 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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The International Centre for Settlement of Investment Disputes (“ICSID”) recently launched a webpage for a rule amendment project. The page will track the progress of the latest round of ICSID rule amendments, the process for which began in October 2016 when ICSID sought comments on potential amendments from member states. This was followed by ICSID’s invitation to the public in January 2017 for suggestions for rule amendments.

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Third party funding for arbitration permitted in Hong Kong

15 June 2017 Justin Tang, Asia-Pacific; Hong Kong

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Legislation allowing third party funding for arbitration has been passed in Hong Kong. This is a significant development which will bring Hong Kong in line with other jurisdictions which allow third party funding for arbitration, including Australia, England and Wales, and Singapore.   

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A Harmonious Australian Arbitration Framework: The ACT Adopts the Model Law

01 June 2017 Alexander Fawke, Asia-Pacific; Australia

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On 21 March 2017, the Australian Capital Territory (the “ACT”) passed the Commercial Arbitration Act 2017 (ACT) (the “Act”), which essentially adopts the UNCITRAL Model Law (inclusive of the 2006 amendments) (the “Model Law”). The Act means that all arbitrations seated in Australia will now be subject to the Model Law, as the same legislation has been adopted in all other States and Territories, as well as by the Federal Parliament. This development strengthens Australia’s position as an attractive seat for arbitration.

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Investment Arbitration in Australia: an update

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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The past year has seen a number of major developments in international arbitration in Australia, including the conclusion of new trade deals and the long-running Phillip Morris investment arbitration. This article surveys the most important changes in case law, legislation, investor-state dispute resolution and local arbitral institutions in the past year.

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International commercial arbitration in Australia: recent developments

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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Australia’s body of arbitration case law continued to grow in the past year, with increasing breadth and sophistication. Key cases covered the public policy ground for resisting enforcement; the appropriateness of awarding costs on the indemnity basis when an application to resist enforcement is refused; and non-signatories to arbitration agreements.

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