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In Sabbagh v Khoury and others  EWCA Civ 1219, the Court of Appeal reviewed the extent to which an English court may grant an injunction to restrain parties from participating in an arbitration with an overseas seat.
In P v D and Ors  EWHC 1277 (Comm), the English High Court granted an application made under Section 68 of the Arbitration Act 1996 (the “Act”), on the basis that the arbitrators were in breach of their duty under Section 33 of the...
In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million award rendered by an ICSID tribunal back in 2013...
In Chung v Silver Dry Bulk Co Ltd  EWHC 1147 (Comm) the English Commercial Court granted an application challenging the substantive jurisdiction of an arbitral tribunal appointed after the dissolution of the defendant corporation.
In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and another  EWHC 704 (Ch) the English High Court rejected an application for leave to appeal against an arbitral award on a point of law under s.69 of the Arbitration Act 1996. In his...
On Friday, May 24 at 15:00 CET, the Warsaw office of Linklaters hosted the latest ICC Young Arbitrators Forum conference titled “The psychology of decision-making in international arbitration”. The conference opened with a keynote...
25 September 2018 Matthias Schelkens, Belgium; Europe
Linklaters’ Dispute Resolution team has contributed to the 2018 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 49 jurisdictions.
20 September 2018 Akshay Sewlikar, England & Wales; India
In Reliance Industries v Union of India  EWHC 822 Reliance Industries Limited and BG Exploration and Production India Limited (the “Claimants”) challenged awards made in favour of the Union of India (the “Government”) under the Arbitration Act 1996 (the “AA 1996”). The English High Court (the “Court”) had the opportunity to consider the issue of the applicability of the foreign act of state doctrine to English seated arbitration proceedings.
13 September 2018 Kirstin Schwedt, Europe
In a detailed decision, an ICSID tribunal hearing a dispute between Swedish Vattenfall and Germany over the state’s phase out of nuclear power in the wake of the Fukushima disaster (ICSID Case No. ARB/12/12) has maintained jurisdiction to hear the dispute under the Energy Charter Treaty (“ECT”). The decision follows objections raised by Germany after the Achmea-judgment of the Court of Justice of the European Union (“CJEU”). We have previously reported on implications of Achmea for ECT-claims and the European Commissions’ view of the Achmea-judgment here.
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