Arbitration Links - Linklaters
  • Topic: Transparency

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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OHADA adopts new texts on arbitration and mediation

20 March 2018 Clément Fouchard; Roland Ziade, Africa

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The revised OHADA Uniform Act on Arbitration (the Arbitration Act) and revised Rules on Arbitration of the Joint Court of Justice and Arbitration (the CCJA) (the Rules), as well as the new Uniform Act on Mediation (the Mediation Act), entered into force on 15 March 2018. The fruit of nearly two years of consultations among the 17 Member States of the Organisation for the Harmonization of Corporate Law in Africa (OHADA), these new acts will apply to all proceedings initiated as of such effective date. These acts had all been approved on 23 November 2017 by the OHADA Council of Ministers.

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New 2018 DIS Arbitration Rules – a modern, efficient and flexible frame-work for solving disputes

30 January 2018 Dr. Rupert Bellinghausen; Kirstin Schwedt, Germany

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The German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V. – DIS) has thoroughly revised its arbitration rules. The previous DIS Rules, which have been in force since 1998, functioned well in practice and are very popular in international agreements involving German parties. However, particularly in view of the reform projects of other national and international arbitration institutions, it was time to modernise the rules. Thanks to the revision, the DIS is even better positioned in competition with other arbitration institutions and even more so in competition with state courts.

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Mauritius Convention on transparency enters into force

25 January 2018 Sadie Buls, Asia-Pacific; Europe; North America

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The United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the "Mauritius Convention") entered into force on 18 October 2017. An important development in investor-State dispute settlement (“ISDS”), the Mauritius Convention significantly expands the circumstances in which new transparency provisions – concerning arbitration commencement, publication of documents, third-party input, public hearings and confidential information – may apply. While it will be some time before the Mauritius Convention has broad application, it represents an important evolution for ISDS which has significant implications for States and investors alike.

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The European Commission proposes a move towards a Multilateral Investment Court System

27 October 2017 Guillaume Croisant; Matthew Weiniger, Europe

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The European Commission has recently requested authorisation to launch negotiations to establish a permanent Multilateral Investment Court, which would hear investment disputes under existing and future trade agreements entered into between the EU Member States and third countries. This new court could also replace the Investment Court System provided for by CETA, whose compatibility with EU law will be reviewed by the European Court of Justice following a request introduced by Belgium on 6 September 2017.

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Some reflections on unmeritorious challenges to arbitrators

22 August 2017 Christian Albanesi, Europe; Latin America; United States of America

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There is a general perception that unmeritorious challenges to arbitrators are on the rise. Is this really the case, how can they be identified and what can be done about them? Christian Albanesi, our Head of Latin American Arbitration, offers some thoughts.

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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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Moving ahead in 2017

19 January 2017 Raquel Galvão Silva; Ricardo Guimarães

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New years are a great opportunity to take stock and to prepare for future developments, despite the obvious difficulties in predicting what the main trends will be. This is also the case for 2017. Looking back to 2016 there are two topics that immediately stand out: gender diversity and transparency. Both topics were subject to substantial discussion last year and the developments in these areas are likely to continue or even increase in 2017.

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