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:
30th juli 2020 //
In Unión Fenosa Gas, S.A. v Arab Republic of Egypt [2020] EWHC 1723, the English High Court recently held that service of a claim form is not required when seeking an order for registration of an ICSID award. In doing so it clarified the procedure for enforcement and registration of an ICSID award in England.
24th juli 2020 //
In a rare successful challenge under s.68 of the Arbitration Act 1996, the English High Court found that the tribunal’s decision to reverse the burden of proof, without inviting submissions from the parties, constituted a serious irregularity (Punch Partnerships (PTL) Ltd and another v Jonalt Ltd [2020] EWHC 1376 (Ch)).
15th juli 2020 //
In Obrascon Huarte Lain SA (t/a OHL Internacional) v Qatar Foundation for Education, Science and Community Development [2020] EWHC 1643 (Comm), the High Court considered the scope of the provisions in the ICC Rules that provide a tribunal with the ability to correct an award.
6th juli 2020 //
In May 2020, NASA announced the Artemis Accords, a set of principles on the basis of which the US would enter into agreements with other countries to govern the civil exploration and use of outer space and lunar resources. As with any agreements, disputes will arise and arbitration may provide an answer.
23rd juni 2020 //
The English High Court recently set aside a tribunal’s award on jurisdiction because the tribunal wrongly determined that a party to the arbitration agreement had authority to enter into it as agent for another (MVV Environment Devonport Ltd v NTO Shipping GMBH & CO.KG [2020] EWHC 1371 (Comm)).
Challenges to an award in an English seated arbitration on the basis that the tribunal lacked substantive jurisdiction (which may proceed under Section 67 of the Arbitration Act 1996) are relatively rare and notable.
18th juni 2020 //
While dissenting opinions in arbitral awards are common practice in some countries, others, including Germany, are hesitant to embrace them. A 2020 decision of the Higher Regional Court of Frankfurt calls into question the enforceability of German domestic awards containing a dissenting opinion.
17th juni 2020 //
On June 1, 2020, the Supreme Court of the United States in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U.S.
_(2020) ruled that the 1958 New York Convention does not prevent non-signatories to an arbitration agreement from compelling arbitration against signatories based on domestic doctrines (such as equitable estoppel).
12th juni 2020 //
In May, the London Court of International Arbitration (“LCIA”) published its Annual Casework Report for 2019. It presents the data on referrals to the LCIA during the past year including full LCIA arbitrations and cases where the institution had a more ancillary role, for example for administrative matters, fundholding or as appointing authority.
4th juni 2020 //
On 28 May 2020, Linklaters hosted a webinar on foreign investment protection and investor-state arbitration arising out of Covid-19 measures. Speakers from Linklaters provided an overview of investment arbitration, described state measures that could potentially give rise to claims, defences that states might raise and the challenges of enforcing investment treaty awards.
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