Laws, treaties and soft law

Peru draft law risks “chaos” in domestic cases

Peru is considering a bill that will require all arbitrators in domestic cases to have their legal qualifications certified by a state regulator or face removal from tribunals – a move that practitioners warn will cause “chaos” and effectively bar foreign lawyers from hearing those disputes.

25 February 2021

Jersey gets in on BIT action

As Jersey looks to sign its first-ever bilateral investment treaty, with the United Arab Emirates, Alex Fawke and Harry Stratton of Linklaters consider the Channel Island’s ambiguous relationship with the UK and the issues this could raise in making claims under the treaty.

23 February 2021

IBA publishes updated evidence rules

New provisions on virtual hearings, illegally obtained evidence and undue influence on witnesses testifying remotely are among the newly published updates to the International Bar Association rules on the taking of evidence.

17 February 2021

No right to physical hearing in 22 countries, taskforce finds

An ICCA taskforce investigating the right to a physical hearing in international arbitration has found there is no express right to in-person hearings in the latest 22 countries it examined.

09 February 2021

The Artemis Accords: lift off for space law and arbitration?

The controversial Artemis Accords, which aim to bring international outer space law into the 21st century, were unveiled by NASA last year. Matthew Weiniger QC and Akshay Sewlikar of Linklaters consider the role international arbitration might play in the new legal framework for outer space activities.

22 January 2021

New Swiss law enters force

The new Swiss arbitration law has entered force, with an English translation now available.

11 January 2021

Belgium seeks ECJ opinion on revamped ECT

Belgium has asked the European Court of Justice to weigh in on the intra-EU application of the arbitration provisions in a future update of the Energy Charter Treaty, as the European Commission signals it may propose withdrawal from the treaty if core objectives for reform are not met.

03 December 2020

Hong Kong-China enforcement arrangement updated after two decades

Twenty years after it was first signed, the Hong Kong government and Supreme People's Court of the People's Republic of China have updated their arrangement on mutual enforcement of awards, paving the way for all mainland China-seated awards to be enforceable in Hong Kong irrespective of the administering authority.

01 December 2020

Firms publish new online case management protocol

Six law firms have launched a protocol for online case management in international arbitration following a global consultation process, promoting it as the new “industry standard.”

30 November 2020

IBA evidence rules set for revision

The International Bar Association’s arbitration committee has unveiled its proposed revisions to the rules on the taking of evidence – as well as its new line up of officers for 2021.

20 November 2020

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