Arbitration Links - Linklaters
  • Year: 2017
  • Month: November
  • Topic: Investment Arbitration

Adopting a compliance approach to fight corruption and protect investments

30 November 2017 Christian Albanesi; Adam Lurie; Caitlin Potratz, England & Wales; Latin America; North America

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At the 15th annual International Chamber of Commerce’s (ICC) Miami Conference earlier this month, one of the programme’s top-line issues for discussion was the matter of a “compliance” approach to arbitration. Here, Christian Albanesi (Head of Latin American Arbitration), Adam Lurie (US Head of Litigation and Government Investigations), and Caitlin Potratz (Senior US Associate), outline their stance on the topic.  

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English Court examines approach to interpretation of foreign law

09 November 2017 Mikhail Vishnyakov, England & Wales

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In The Kyrgyz Republic v (1) Stans Energy Corporation and (2) Kutisay Mining LLC [2017] EWHC 2539 (Comm) the English High Court rejected a challenge to an award based on a lack of jurisdiction on the part of the Tribunal. The challenge was brought under Section 67 of the Arbitration Act 1996, which applies to all London seated arbitrations. Although the claim concerned the investment protection legislation of Kyrgyzstan, and the application of Kyrgyz law, the Court’s ruling is instructive in the process that the English courts will follow in interpreting the meaning of foreign laws in general (including investment/investor protection legislation).

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First ICSID award to be enforced by an Australian court

06 November 2017 Alexander Fawke, Australia

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In an Australian first, in Lahoud v The Democratic Republic of Congo [2017] FCA 982, the Federal Court of Australia granted leave to two Lebanese investors to have two International Centre for Settlement of Investment Disputes (“ICSID”) awards recognised and enforced in Australia. While the relevant legislation is straightforward and the enforcement of the award unsurprising, it adds another limb of certainty to Australia’s legal framework for the enforcement of foreign arbitral awards.

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