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In Europe

Vattenfall-Decision Mitigates Achmea-Effect

by and 4 Mins Read

A couple of months ago a decision by the European Court of Justice (“ECJ”) shocked the arbitration community: The ECJ decided in its (in)famous Achmea-decision that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment treaties (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/). The reasoning of Achmea was that EU member states are bound to use the judicial system established by the European Union. Settling disputes in private arbitration proceedings would, according…

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In Arbitration Procedure

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of Appeal

by 15 Mins Read

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) [M] (3) [N] (4) [P] [2018] EWCA Civ 817, in which Halliburton applied sought M’s removal on the grounds that circumstances existed that gave rise to justifiable doubts as to M’s impartiality under section 24(1)(a) of the Arbitration Act 1996 (the “AA 1996”) The overall factual backdrop is the Deepwater Horizon disaster. Halliburton Company (“Halliburton”)…

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In International Investment

Comparative Chart of International Investment Arbitration Rules

by and 33 Mins Read

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected, each institution has its unique rules and associated collection of risks and benefits. The updated table below[1] provides a quick reference guide for the rules of several key institutions, the SIAC, the SCC, ICSID, UNCITRAL, CIETAC and the PCA. Click here to view the Pdf version. This is a simplified guide intended to provide an overview of the…

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In Asia-Pacific

LCIA publishes its facts and figures: The 2017 Casework Report

by and 6 Mins Read

The London Court of International Arbitration (the “LCIA”) has recently published its Casework Report for 2017 which contains statistics on its performance last year.[1] The report makes for an interesting comparison with the 2016 report.[2] This article examines the LCIA’s 2017 figures, making comparisons also with those of the International Chamber of Commerce (the “ICC”),[3] where appropriate. Caseload The LCIA received 303 referrals in 2016, 253 of which fell under the LCIA rules (LCIA acting…

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