Arbitration Links - Linklaters
  • Month: December

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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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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No appeals on a point of law by stealth: the limits of s.69 Arbitration Act 1996

14 December 2017 Stephen Lacey, England & Wales

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In an English seated arbitration, s.69 Arbitration Act 1996 permits, albeit under certain limited circumstances, an appeal to the court on a question of English law arising from an arbitral award. The High Court’s recent decision in "The CV Stealth" [2017] EWHC 2808 illustrates the need to think carefully about such a course of action.

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Linklaters book launch event: The Political Economy of the Investment Treaty Regime

06 December 2017 Matthew Weiniger, England & Wales

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On Thursday 16 November 2017 Linklaters hosted a special forum to celebrate the launch of a new book, The Political Economy of the Investment Treaty Regime, written by Dr Jonathan Bonnitcha, Dr Lauge Poulsen and Dr Michael Waibel.  The book was recently published by Oxford University Press. 

 

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Escalation Clauses: no longer a tripping hazard for arbitrations with seat in Germany?

01 December 2016 Julia Grothaus; Dr. Rupert Bellinghausen, Europe; Germany

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Escalation clauses need careful drafting to be enforceable and commercially useful. There is uncertainty as to the consequences of the parties’ non-compliance with escalation clauses providing for ‘final’ dispute resolution by means of arbitration. Will it affect the jurisdiction of the arbitral tribunal or the merits of the claim and can an arbitral award even be set aside? In two recent decisions, the German Federal Court of Justice (Bundesgerichtshof) clarified that, in arbitral proceedings seated in Germany, an arbitral tribunal is entitled to assume jurisdiction irrespective of whether the parties complied with the escalation clause.

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