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

English High Court clarifies criteria applicable to s.70(7) of the Arbitration Act 1996

29 June 2017 Erin Marsh, England & Wales

Tags

In Erdenet Mining Corporation LLC v ICBC Standard Bank PLC & Others [2017] EWHC 1090 (Comm) the High Court clarified the criteria applicable to the exercise of its discretion under s.70(7) of the Arbitration Act 1996 (the “Act”), pursuant to which the Court may order (in relation to an arbitration seated in England) that any money payable under an arbitral award shall be brought into court or otherwise secured pending the determination of a challenge to the award under ss.67, 68 or 69 of the Act.

View full article

Recent developments in the Yukos saga see assets in Belgium belonging to Russia unfrozen

27 June 2017 Guillaume Croisant, Belgium

Tags

In 2015, at the request of one of Yukos’s main former shareholders, assets in Belgium belonging to Russia were frozen. The Brussels Court of First Instance has now lifted that order. This decision follows a recent ruling of the Belgian Constitutional Court upholding the so-called ‘Yukos’ Act of 23 August 2015, which reinforces state immunity from enforcement in Belgium.  

View full article

How to Prove Corruption – Notes from a panel discussion at the BIICL 28th Investment Treaty Forum

21 June 2017 Jessie Ingle

Tags

On 12 May 2017, the British Institute of International and Comparative Law held its 28th Investment Treaty Forum with this year’s theme being ‘Economic Crime and International Investment Law’.

One particularly relevant panel discussion at the interface between the resolution of investment treaty disputes and the wider themes of the forum focused on ‘Evidentiary Challenges of Allegations of Economic Crimes in Investor-State Disputes’

In a sweeping majority of cases, the party alleging corruption is unable to substantiate that claim before the arbitral tribunal. The panellists explored the question of how arbitral tribunals in investment treaty disputes can best deal with allegations of corruption when a) such a crime typically involves very little evidence; b) that evidence that has been concealed; and c) the tribunal has no way of compelling the production of that evidence.

View full article

Third party funding for arbitration permitted in Hong Kong

15 June 2017 Justin Tang, Asia-Pacific; Hong Kong

Tags

Legislation allowing third party funding for arbitration has been passed in Hong Kong. This is a significant development which will bring Hong Kong in line with other jurisdictions which allow third party funding for arbitration, including Australia, England and Wales, and Singapore.   

View full article

Luxembourg court of appeal refuses enforcement of annulled Pemex award

08 June 2017 Katrien Baetens, Europe; Luxembourg

Tags

In a judgment dated 27 April 2017, the Luxembourg Court of Appeal has confirmed its earlier jurisprudence by refusing the enforcement of a US$300 million ICC award against the Mexican state oil and gas company Pemex that was set aside at the seat of arbitration.

View full article

The parties’ ability to terminate proceedings for the annulment of an arbitration award: recent developments in Spain

06 June 2017 Emma Morales, Europe; Spain

Tags

On 4 April 2017, the Madrid High Court of Justice ("TSJM"), the court in Spain that handles appeals for the annulment of awards, issued two decisions (case numbers 43/2016 and 63/2016) in which it confirms the doctrine already advanced by means of a previous judgment rendered by the same court (judgment of the TSJM dated 28 February 2017 [JUR 2017/ 89938]).

View full article

A Harmonious Australian Arbitration Framework: The ACT Adopts the Model Law

01 June 2017 Alexander Fawke, Asia-Pacific; Australia

Tags

On 21 March 2017, the Australian Capital Territory (the “ACT”) passed the Commercial Arbitration Act 2017 (ACT) (the “Act”), which essentially adopts the UNCITRAL Model Law (inclusive of the 2006 amendments) (the “Model Law”). The Act means that all arbitrations seated in Australia will now be subject to the Model Law, as the same legislation has been adopted in all other States and Territories, as well as by the Federal Parliament. This development strengthens Australia’s position as an attractive seat for arbitration.

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