Arbitration Links - Linklaters
  • Year: 2017
  • Month: January

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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International commercial arbitration in Australia: recent developments

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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Australia’s body of arbitration case law continued to grow in the past year, with increasing breadth and sophistication. Key cases covered the public policy ground for resisting enforcement; the appropriateness of awarding costs on the indemnity basis when an application to resist enforcement is refused; and non-signatories to arbitration agreements.

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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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Southern District grants Section 1782 discovery for private commercial arbitration

23 January 2017 Patrick Ashby, North America; United States of America

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Private international arbitral bodies are considered foreign tribunals for the purpose of 28 U.S.C. §1782 (“Section 1782”), the United States statute that allows parties to obtain evidence in the U.S. for use in legal proceedings outside of the U.S., according to a recent decision by Judge Furman of the District Court for the Southern District of New York (“Southern District”).

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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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