Arbitration Links - Linklaters
  • Topic: Confidentiality

The publication of ICC Awards – New Approach to ICC Awards

10 April 2019 Akshay Sewlikar, Europe

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The ICC has recently released its Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (the “Note”). The Note intends to provide parties and tribunals with practical guidance on ICC arbitrations. It provides clarifications on various practical issues and concerns in an ICC arbitration, such as inter alia, the expedited arbitration procedure, scrutiny of the award and the submissions by amicus curiae.

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English High Court partially grants non-party request for documents relating to proceedings to remove arbitrator

04 April 2019 Hannah Lilley, England & Wales

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The English Commercial Court has allowed, in part, a non-party to access documents that were used in Commercial Court proceedings in support of an arbitration to remove an arbitrator, despite arbitration proceedings in England ordinarily giving rise to confidentiality obligations.

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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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The need for confidentiality in arbitration proceedings relating to advisory matters

24 January 2017 Arnaud de La Cotardière; Claudia Cavicchioli

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Advisory works generally include advisory services rendered by investment banks to their clients in two main areas: M&A (mergers and acquisitions) and equity capital markets. In this context, a financial institution will enter into a various number of agreements, either with its clients (mandate, etc.) or with its counterparty to a transaction where the deal is conducted for its own account (share purchase agreement, etc.).

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