Arbitration Links - Linklaters
  • Year: 2019

Arbitration and meeting the demands of the future energy sector

14 May 2019 Roland Ziade; Pierre Duprey, Asia-Pacific; Europe; Latin America; Middle East; North America

Last month, Dispute Resolution partners Pierre Duprey and Roland Ziade took the opportunity to discuss their views on the implications of the global energy transition on international arbitration in a guest blog for the International Chamber of Commerce (ICC). 

View full article

Interim Relief from Mainland Chinese Court will become available for Hong Kong Arbitrations

08 May 2019 Justin Tang, Asia-Pacific; Hong Kong

Tags

On 2 April 2019, the Hong Kong Government and the Mainland Supreme People’s Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the “Arrangement”). Once implemented, the Arrangement will allow parties to arbitral proceedings seated in Hong Kong to apply, at any time before an arbitral award is made, to Mainland courts for interim measures including property preservation, evidence preservation and conduct preservation.

View full article

The CJEU Confirms that CETA’s Investment Court System is Compatible with EU Law

03 May 2019 Guillaume Croisant, Europe

Tags

In September 2017, Belgium requested the opinion of the Court of Justice of the European Union (“CJEU”) on the compatibility with EU law of the Investment Court System (“ICS”) provided for by the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA”). 

Last January, Advocate General Bot concluded that this mechanism for the settlement of investor-State disputes was compatible with the EU Treaties and the EU Charter of Fundamental Rights. The CJEU followed suit in its much anticipated opinion delivered this week.

An adverse opinion would have had serious political consequences, as it would have required the amendment of CETA (pursuant to Article 218(11) of the TFEU), and potentially brought grist to the mill of part of the European civil society opposing investor-State arbitration.

View full article

Highlights from the 2018 LCIA Annual Casework Report

30 April 2019 Phillip Aquilina, England & Wales; Europe

Tags

The LCIA released its 2018 Casework Report on 1 April 2019. The Report analyses the statistics from the LCIA 2018 caseload and contains a range of data broken down by sector, contract type and time elapsed since the underlying agreement was reached.

View full article

Judicial protection of investors in the EU: remedies offered by investment arbitration, the ECHR and EU law

17 April 2019 Guillaume Croisant; Xavier Taton, Europe

Tags

Partner Xavier Taton and associate Guillaume Croisant, both from our Brussels office, have contributed to the Indian Journal of Arbitration Law.

View full article

The publication of ICC Awards – New Approach to ICC Awards

10 April 2019 Akshay Sewlikar, Europe

Tags

The ICC has recently released its Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (the “Note”). The Note intends to provide parties and tribunals with practical guidance on ICC arbitrations. It provides clarifications on various practical issues and concerns in an ICC arbitration, such as inter alia, the expedited arbitration procedure, scrutiny of the award and the submissions by amicus curiae.

View full article

English High Court partially grants non-party request for documents relating to proceedings to remove arbitrator

04 April 2019 Hannah Lilley, England & Wales

Tags

The English Commercial Court has allowed, in part, a non-party to access documents that were used in Commercial Court proceedings in support of an arbitration to remove an arbitrator, despite arbitration proceedings in England ordinarily giving rise to confidentiality obligations.

View full article

Financial Services Disputes @ London International Disputes Week

22 March 2019 Stephen Lacey, Europe

Tags

Linklaters is excited to be hosting the London International Disputes Week (LIDW) seminar devoted to financial services disputes – which will take place on 7 May 2019 (14.00-17.00) at One Silk Street, London, EC2Y 8HQ.

View full article

Swedish Arbitration Act revised: making arbitration more efficient and easily accessible

14 March 2019 Niclas Widjeskog; Maja Bjerkelund, Europe

Tags

On 1 March 2019, the revised Swedish Arbitration Act entered into effect following a nearly five-year long legislative process to update the Swedish Arbitration Act of 1999.

The revised Act aims to make the arbitration process more efficient and easily accessible, especially for non-Swedish parties, and ensures that Stockholm continues to be an attractive venue for international arbitration. The revisions strengthen party autonomy and provide for an efficient process which further facilitates the needs of international arbitration.

View full article

ICSID compendium of comments on proposed rule amendments and 2018 caseload statistics

28 February 2019 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

Tags

Last month, the International Centre for Settlement of Investment Disputes (ICSID) published a compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. It also issued a press release announcing its most recent caseload statistics, including details on the geography, industry and outcomes of new cases.

View full article

AG Bot concludes that CETA’s Investment Court System is compatible with EU law

21 February 2019 Guillaume Croisant, Europe

Tags

On 7 September 2017, Belgium requested the opinion of the Court of Justice of the European Union (“CJEU”) on the compatibility with EU law of the Investment Court System (“ICS”) provided for by the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA”).

In his much anticipated opinion rendered on 29 January 2019, Advocate General (“AG”) Bot considers that this mechanism for the settlement of investor-State disputes is compatible with the EU Treaties and the EU Charter of Fundamental Rights.

View full article

Hong Kong introduces Third Party Funding for Arbitration

11 February 2019 Glenys Newall, Hong Kong

Tags

The Hong Kong Government has announced that amendments to the Arbitration Ordinance, allowing for third party funding of arbitration in Hong Kong, will come into effect on 1 February 2019. This is a long awaited and highly anticipated development. In addition, in accordance with the provisions of Division 4 of part 10A of the Arbitration Ordinance, the Hong Kong Government has released a “Code of Practice for Third Party Funding of Arbitration”.

View full article

London Commercial Court: Service by diplomatic channels is mandatory to enforce award against a State in the UK

06 February 2019 Adrien Canivet, England & Wales; Middle East

Tags

In General Dynamics UK Ltd v Libya Queen's Bench Division [2019] EWHC 64 (Comm), the English Commercial Court held that an arbitral award against a State cannot be enforced in the United Kingdom without service on that State of court documents in accordance with s.12 of the State Immunity Act 1978.

View full article

EU Member States announce their intention to terminate intra-EU BITs

30 January 2019 Kirstin Schwedt, Europe

Tags

In early January, the EU Member States announced their intention to terminate all intra-EU bilateral investment treaties. Their declarations come in reaction to last year’s Achmea-decision on intra-EU investor-state dispute settlement. Interestingly, the EU Member States could not agree on a unitary position regarding the Energy Charter Treaty.

How will these political declarations impact pending arbitrations, or those initiated before the EU Member States put in place a new regime?

View full article

Investment protection under the USMCA

22 January 2019 Akshay Sewlikar, Latin America; North America

Tags

After protracted negotiations which have been covered extensively in the press, the US signed the new United States, Mexico and Canada Agreement (“USMCA”) with Mexico and Canada on 30 November 2018. The USMCA replaces the North American Free Trade Agreement 1994 (“NAFTA”) which had governed trade relations between the parties. The investment provisions were contained in Chapter 11 of NAFTA and applied to all investments and investors of any party.  Subject to specific carve outs, all such investments were subject to the dispute settlement provisions in Chapter 11 which provided for investor-state arbitration.  The proposed investment regime in Chapter 14 of USMCA is a significant departure from its equivalent Chapter 11 of NAFTA. 

View full article

U.S. Supreme Court: No FAA “wholly groundless” exception to tribunal’s jurisdiction over questions of arbitrability

15 January 2019 Christian Albanesi; Adam Lurie, United States of America

Tags

The U.S. Supreme Court has issued a unanimous ruling holding that courts may not decide issues of arbitrability where the underlying arbitration agreement delegates such determinations to the arbitrator, even where the arbitration bid is argued to be “wholly groundless.”  The decision—which resolved a long-running split among lower courts—is further evidence of a continuing U.S. trend in favor of parties’ rights to contract for arbitration.

View full article

Proposed Amendments to the Indian Arbitration and Conciliation Act 1996

11 January 2019 Akshay Sewlikar, India

Tags

The arbitration regime in India is primarily governed by the Arbitration and Conciliation Act, 1996 (“Act”). On 10 August 2018, the lower house of India’s bi-cameral parliament (Lok Sabha) passed the Arbitration and Conciliation (Amendment) Bill, 2018 (“Bill”). The Bill now has to, inter alia, be passed by the upper house (Rajya Sabha) before it becomes law and amends the Act. However, substantial changes to the Bill are not expected at this stage. In its current form, the Bill seeks to introduce key changes which may impact international arbitrations seated in India, as we discuss in this article.  

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