Arbitration Links - Linklaters
  • Topic: Arbitrability

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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U.S. Supreme Court: No FAA “wholly groundless” exception to tribunal’s jurisdiction over questions of arbitrability

15 January 2019 Christian Albanesi; Adam Lurie, United States of America

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The U.S. Supreme Court has issued a unanimous ruling holding that courts may not decide issues of arbitrability where the underlying arbitration agreement delegates such determinations to the arbitrator, even where the arbitration bid is argued to be “wholly groundless.”  The decision—which resolved a long-running split among lower courts—is further evidence of a continuing U.S. trend in favor of parties’ rights to contract for arbitration.

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Linklaters’ recent contributions to Kluwer Arbitration Blog

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

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

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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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High Court decides that FOS decisions are not arbitral awards

22 November 2017 Joanne Finnegan, England & Wales

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In Berkeley Burke SIPP Administration LLP v Charlton [2017] EWHC 2396 (Comm), the High Court held that a determination of the FOS was not an arbitral award and therefore cannot be appealed under section 69 Arbitration Act 1996 (the “Act”).

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French Cour de Cassation puts an end to the “Tapie-saga”

01 November 2017 Clément Fouchard, Europe; France

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Earlier this year, the French Cour de Cassation brought the long-running “Tapie-saga” to an end. Mr Tapie and his former bank were in dispute over a 2008 arbitral award ordering the bank to pay Mr Tapie over €400 million in damages. This award was successfully challenged by the bank before the Paris Court of Appeal in 2015 which annulled the decision on the basis of fraud. The Cour de Cassation confirmed the decision of the Paris Court of Appeal.

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