We regularly represent both investors and States in significant arbitrations under bilateral and multilateral investment treaties. We also help our investor clients navigate complex legal, cultural and political landscapes to secure the best ongoing protection for their foreign investments.
Recent experience includes representing:
Our experienced arbitration practitioners have expertise in representing a wide range of clients across a variety of sectors (including energy, mining, construction, technology, telecommunications, financial services, pharmaceuticals and many more) in complex, high value arbitrations.
Recent experience includes:
20th April 2021 //
M v N [2021] EWHC 360 (Comm) is a powerful reflection of the robust stance of the English courts to the enforcement of arbitral awards. In this case, the Commercial Court upheld a decision to bypass the Hague Service Convention in order to secure prompt service of an order granting enforcement of an award.
15th April 2021 //
In a 23 March 2021 decision, the Paris Court of Appeal set aside a partial award in an investment dispute brought against Libya under the OIC Investment Agreement, holding that there was no legal basis for the PCA Secretary General to name an appointing authority for arbitral tribunal constitution in the absence of action by the OIC Secretary General.
12th April 2021 //
On March 22, 2021, the United States Supreme Court agreed to hear a case involving the issue of whether 28 U.S.C. § 1782 , which allows foreign litigants to subpoena evidence from U.S. parties for use in “foreign or international tribunal” proceedings, not only applies to proceedings before competent courts of foreign countries and international commissions, but also to private international arbitration. This issue has caused a split among the U.S. Circuit Courts, with the Second, Fifth, and Seventh Circuits holding that Section 1782 cannot be used in aid of private foreign arbitration, and the Fourth and Sixth Circuits holding that it can.
1st April 2021 //
Linklaters’ Global International Arbitration Practice has published the flagship edition of our comparative publication: The Impact of Insolvency on International Arbitration. This fully comprehensive online edition, including commentary from 16 jurisdictions across the globe, considers how international arbitrations can potentially be impacted by insolvency proceedings, notably those resulting from the ongoing Covid-19 pandemic.
30th March 2021 //
From 19 May 2021, an award creditor may commence proceedings for recognition and enforcement of an award in the relevant courts of Mainland China and Hong Kong concurrently if the award debtor has assets in both jurisdictions.
12th March 2021 //
The International Centre for Dispute Resolution introduced its amended International Dispute Resolution Procedures which came into effect on 1 March 2021. The amendments promote efficiency and economy, including addressing issues arising from changes in hearing procedures due to the pandemic.
9th March 2021 //
In a recent (non-binding) Opinion in the case of Komstrov, Advocate General Szpunar at the Court of Justice of the European Union has said that the Achmea judgment should also apply to intra-EU claims under the multilateral Energy Charter Treaty, meaning that such claims would not be capable of being arbitrated under the ISDS mechanism provided for by the treaty.
5th March 2021 //
In Specialised Vessel Services Ltd v Mop Marine Nigeria Ltd [2021] EWHC 333, the English Commercial Court granted an anti-suit injunction to restrain court proceedings in Nigeria, despite these having been commenced over a year ago. The case illustrates the English court’s willingness to take into account all the circumstances when deciding whether delay is determinative.
1st March 2021 //
The 2020 revision to the International Bar Association’s influential Rules on the Taking of Evidence in International Arbitration was released on 17 February 2021. The revised Rules notably address opportunities and challenges associated with the use of new technologies and implement a variety of other changes.
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