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

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

27 October 2017 Guillaume Croisant; Matthew Weiniger, Europe

Tags

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.

View full article

English High Court considers meaning of giving “proper notice” of an arbitration

24 October 2017 Antonia Adebambo, England & Wales; Europe

Tags

In Ekran OAO v Magneco Metrel UK Ltd [2017] EWHC 2208 (Comm), a respondent sought relief from the English Commercial Court in respect of the enforcement of an award. It argued that it had not received “proper notice of the arbitration” under the English Arbitration Act 1996 (the “Act”), as the documentation that it received was not in its home language. The Court decided that, on the facts, the respondent had nonetheless been given “proper notice”. 

View full article

New LCIA Report highlights movement towards cheaper and faster proceedings

18 October 2017 Jacqueline Chaplin, Europe

Tags

A recent London Court of International Arbitration (“LCIA”) report (the “Report”) suggests that LCIA arbitration costs are generally less than arbitration costs at other institutions at all levels of dispute (for the purposes of the Report, arbitration costs means tribunal fees and administrative charges). The cost savings offered by the LCIA may be explained by its commitment to time efficiency and its use of hourly rates to calculate most of its costs.

The Report analyses the cost and duration of all 224 cases administered under the LCIA Arbitration Rules that had reached a final award between 1 January 2013 and 31 December 2016.

View full article

Linklaters contributes to International Comparative Legal Guide to Arbitration 2017

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

Tags

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.

View full article

CIArb Consultation on Cost-Controlled Rules

05 October 2017 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

Tags

On 25 September 2017, the Chartered Institute of Arbitrators (CIArb) opened a consultation period relating to a revised draft of its Arbitration Rules. The revision to the rules aims to incorporate a proposed additional appendix on the use of CIArb’s Cost-Controlled Expedited Arbitration Rules. The current version of those rules is dated 2014 and CIArb has stated that updates to other institution procedures, as well as developments in the sphere of cost controls in arbitration generally, have prompted it to review and update its existing rules. 

View full article

Paris Court of Appeal sets aside ECT arbitration award

03 October 2017 Clément Fouchard, France

Tags

The French courts have had very few opportunities to rule on the setting aside of an investment treaty arbitration award. For this reason, the decision of the Paris Court of Appeal in Moldova v société Komstroy (Court d'appel de Paris, Pôle 1- Chambre 1, République de Moldavie v société Komstroy, 12 avril 2016, n°13/22531) is of great interest. It deals with the degree of control over an investment arbitration award by the French courts and the definition of the legal concept of investment in the Energy Charter Treaty (ECT).

View full article

This site uses cookies, if you continue without changing your settings, we'll assume that you are happy to receive all cookies. Click here to learn how to change your cookie settings.

Continue