Arbitration Links - Linklaters
  • Year: 2019
  • Topic: Arbitration Laws

Anti-arbitration injunctions considered by the English Court of Appeal

18 July 2019 Stephen Lacey, England & Wales; Europe

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In Sabbagh v Khoury and others [2019] 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.

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English High Court provides guidance on leave to appeal applications under s.69 Arbitration Act 1996

07 June 2019 Airlie Goodman, England & Wales; Europe

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In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and another [2019] 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 judgment, HHJ Paul Matthews discussed the mechanics of obtaining such leave, particularly the requirement under s.69(3)(c)(i) of the Act that the decision of the arbitrator to make the award being challenged be “obviously wrong”.

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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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Proposed Amendments to the Indian Arbitration and Conciliation Act 1996

11 January 2019 Akshay Sewlikar, India

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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.  

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