Arbitration Links - Linklaters
  • Topic: Arbitration Clauses

Intra-EU court anti-suit injunctions in support of arbitration under the Brussels I Recast? – The English Commercial Court says no.

29 June 2018 Stephen Lacey, England & Wales; Europe

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In Nori Holdings and others v BOFC [2018] EWHC 1343 (Comm) the Commercial Court has declined an opportunity, in the context of the Brussels I Recast, to resurrect intra-EU court anti-suit injunctions in support of arbitration from the graveyard of the West Tankers ruling. Whilst many may shrug (the prevailing view being in line with this), the decision may be a little more of a missed opportunity then some think.

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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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An Introduction to Drafting an Arbitration Clause

21 February 2018 Matthew Weiniger, England & Wales

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What should you be asking yourself when beginning to draft an arbitration clause? In this video, Matthew Weiniger QC, Partner and Global Co-Head of International Arbitration, provides an introduction to the topic and some of the main points for consideration.

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Do arbitration clauses catch cartel damages claims? First German court decision answers this question in the affirmative

09 January 2018 Dr. Rupert Bellinghausen; Julia Grothaus, Europe; Germany

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Whilst the CJEU’s 2015 landmark decision in CDC v. Akzo Nobel et al. considered whether cartel damages claims fall within the scope of jurisdiction clauses in favour of EU Member States, what about arbitration clauses? The first German court decision on this issue, handed down by the Regional Court of Dortmund (Landgericht Dortmund), has concluded that, where German law applies to the clause, they do – irrespective of whether the clause is worded broadly or narrowly (judgment of 13 September 2017, case no. 8 O 30/16 [Kart]).

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The High Court rules on the English court's powers in support of arbitral proceedings against non-signatories

12 April 2017 Joanne Finnegan, England & Wales; Europe

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The English court’s powers in support of arbitral proceedings in section 44 of the Arbitration Act 1996 are not exercisable against non-parties to an arbitration

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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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