Arbitration Links - Linklaters
  • Topic: Arbitration Laws

Foreign Arbitral Institutions enter the Russian Arbitration market

12 August 2019 Valeria Romanova, Russia

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As reported in an earlier blog post, significant amendments to the Law on Arbitration came into force in Russia back in September 2016.

One of the key changes brought about by the arbitration reform includes the introduction of a new regime for recognition of arbitral institutions established by various industry associations (those being non-commercial organisations) as “permanent arbitral institutions” (“PAIs”). This process is subject to the forum meeting statutory conditions and receiving an approval from the Russian Government to perform these functions.

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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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Anti-arbitration injunctions considered by the English Court of Appeal

18 July 2019 Stephen Lacey, England & Wales; Europe

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In Sabbagh v Khoury and others [2019] EWCA Civ 1219, the Court of Appeal reviewed the extent to which an English court may grant an injunction to restrain parties from participating in an arbitration with an overseas seat.

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English High Court provides guidance on leave to appeal applications under s.69 Arbitration Act 1996

07 June 2019 Airlie Goodman, England & Wales; Europe

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In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and another [2019] EWHC 704 (Ch) the English High Court rejected an application for leave to appeal against an arbitral award on a point of law under s.69 of the Arbitration Act 1996. In his judgment, HHJ Paul Matthews discussed the mechanics of obtaining such leave, particularly the requirement under s.69(3)(c)(i) of the Act that the decision of the arbitrator to make the award being challenged be “obviously wrong”.

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Swedish Arbitration Act revised: making arbitration more efficient and easily accessible

14 March 2019 Niclas Widjeskog; Maja Bjerkelund, Europe

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On 1 March 2019, the revised Swedish Arbitration Act entered into effect following a nearly five-year long legislative process to update the Swedish Arbitration Act of 1999.

The revised Act aims to make the arbitration process more efficient and easily accessible, especially for non-Swedish parties, and ensures that Stockholm continues to be an attractive venue for international arbitration. The revisions strengthen party autonomy and provide for an efficient process which further facilitates the needs of international arbitration.

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Proposed Amendments to the Indian Arbitration and Conciliation Act 1996

11 January 2019 Akshay Sewlikar, India

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The arbitration regime in India is primarily governed by the Arbitration and Conciliation Act, 1996 (“Act”). On 10 August 2018, the lower house of India’s bi-cameral parliament (Lok Sabha) passed the Arbitration and Conciliation (Amendment) Bill, 2018 (“Bill”). The Bill now has to, inter alia, be passed by the upper house (Rajya Sabha) before it becomes law and amends the Act. However, substantial changes to the Bill are not expected at this stage. In its current form, the Bill seeks to introduce key changes which may impact international arbitrations seated in India, as we discuss in this article.  

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Russia’s arbitration reform – what do the new laws mean for arbitration in Russia?

31 October 2018 Valeria Romanova, Russia

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Significant amendments to Russia’s arbitration laws (the “New Laws”) came into force back in September 2016. The New Laws are intended to create modern and effective mechanisms for domestic and international arbitration in Russia, as well as to provide solutions to some of the perceived problems associated with using arbitration in Russia. Valeria Romanova from our Moscow office considers the changes and their impact.

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Linklaters contributes to International Comparative Legal Guide to Arbitration 2018

25 September 2018 Matthias Schelkens, Belgium; Europe

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Linklaters’ Dispute Resolution team has contributed to the 2018 edition of the International Comparative Legal Guide to International Arbitration. The Guide is a practical cross-border insight into international arbitration work and an overview of arbitration legislation and practice in 49 jurisdictions.

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To reform or to update? Thoughts from the BICCL 16th Annual Review of the UK Arbitration Act

29 March 2018 Stephen Lacey; Sadie Buls, England & Wales

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The British Institute of International and Comparative Law hosted the 16th Annual Review of the Arbitration Act at the end of last year. At the event, speakers discussed whether the Arbitration Act 1996 (“the Act”) is currently in need of reform. The speakers agreed that a complete overhaul of the Act is not required, but all highlighted different areas that might usefully be revisited due to developments in international arbitration in the past two decades.

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Linklaters contributes to International Comparative Legal Guide to Arbitration 2017

11 October 2017 Joost Verlinden; Matthias Schelkens, Belgium; Europe

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Linklaters’ Dispute Resolution team has contributed to the 2017 edition of the International Comparative Legal Guide to International Arbitration. The Guide is a practical cross-border insight into international arbitration work and an overview of arbitration legislation and practice in 44 jurisdictions.

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Arbitration in MENA: a continuing growth, further modernisation and a few challenges

18 April 2017 Roland Ziade, Middle East

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The number of parties involved in ICC Arbitration in the MENA region continues to be on the rise. Between 2014 and 2016, the number of parties from North Africa increased by almost 50%, accounting for more than one-third of all African parties.

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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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Common trends in international arbitration in Latin America

14 November 2016 Christian Albanesi, Latin America

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To kick off the 14th edition of the ICC Miami Conference, the International Chamber of Commerce’s (ICC) biggest arbitration event of the year, Linklaters’ head of Latin America Arbitration Christian Albanesi provided his insight into the region’s international arbitration trends in this guest column for ICC.

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Who should know the law: the arbitrators or the parties?

03 October 2016 Cezary Wisniewski; Alicja Zielinska-Eisen, Europe; Poland

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What could be done at an early stage in the proceedings to apply the principle of iura novit curia in a way that would be acceptable to both common law and civil law practitioners and prevent or limit challenges to the arbitral award?

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