Arbitration Links - Linklaters
  • Year: 2019
  • Jurisdiction: Europe

Live stream: ICC YAF: The psychology of decision-making in international arbitration

23 May 2019 Cezary Wisniewski; Alicja Zielinska-Eisen, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America; Poland

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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 presentation by Dr. Ula Cartwright-Finch, an international arbitration specialist with a PhD in Cognitive Psychology, and a thought leader in legal psychology. A panel discussion followed addressing questions such as what factors influence arbitrators’ decisions, how does diversity within a group impact its performance, and how reliable is a witness’ memory?

We live-streamed this event. For more details, including on how to watch, please click through to the full article.

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Publication of ICC Commission Report on Emergency Arbitrator Proceedings

21 May 2019 Ben Carroll, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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The Task Force on Emergency Arbitrator Proceedings and the ICC Commission on Arbitration recently released a report on emergency arbitrator proceedings. The report aims to identify emerging trends based on a review of, inter alia, the ICC filings for emergency arbitrators since 2012 (Annex I) and the ICC National Committees’ responses to questionnaires on local law (Annex II).

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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). 

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

03 May 2019 Guillaume Croisant, Europe

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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.

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Highlights from the 2018 LCIA Annual Casework Report

30 April 2019 Phillip Aquilina, England & Wales; Europe

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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.

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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

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

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The publication of ICC Awards – New Approach to ICC Awards

10 April 2019 Akshay Sewlikar, Europe

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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.

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Financial Services Disputes @ London International Disputes Week

22 March 2019 Stephen Lacey, Europe

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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.

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

14 March 2019 Niclas Widjeskog; Maja Bjerkelund, Europe

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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.

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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

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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.

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

21 February 2019 Guillaume Croisant, Europe

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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.

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

30 January 2019 Kirstin Schwedt, Europe

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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?

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