Welcome to Linklaters' Arbitration blog where you can find insights, updates and news from our team of experts.
Whilst the CJEU’s 2015 landmark decision in CDC v. Akzo Nobel et al. considered whether cartel damages claims fall within the scope of jurisdiction clauses in favour of EU Member States, what about arbitration clauses? The first German court...
The international arbitration landscape in Sub-Saharan Africa is changing at a rapid rate. This blog entry looks at key legal developments in South Africa and Sub-Saharan Africa over the past few months, many of which could be seen to be enhancing...
On Thursday 16 November 2017 Linklaters hosted a special forum to celebrate the launch of a new book, The Political Economy of the Investment Treaty Regime, written by Dr Jonathan Bonnitcha, Dr Lauge Poulsen and Dr Michael Waibel. The book was...
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...
In Berkeley Burke SIPP Administration LLP v Charlton  EWHC 2396 (Comm), the High Court held that a determination of the FOS was not an arbitral award and therefore cannot be appealed under section 69 Arbitration Act 1996 (the...
17 March 2017 Duncan Hedar, England & Wales; Europe
Following an application by Romania and the European Commission (as intervener), the English High Court has stayed enforcement of an ICSID award in favour of Swedish business magnates the Micula brothers. The case will be determined following the decision of the General Court of the European Union in connected proceedings brought by the Micula brothers to annul the Commission’s determination that the payment of the ICSID award by Romania would amount to illegal State aid. The case raises important questions about the effectiveness of ICSID awards in circumstances where the awards clash with Member States’ obligations under EU law.
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