Laws, treaties and soft law

Time to reform the 1996 act?

The Law Commission of England and Wales is inviting comment on whether it should review the 1996 Arbitration Act and consider introducing trust law arbitration in the jurisdiction.

12 May 2021

Peru's presidential frontrunner proposes ditching ICSID

Peruvian presidential frontrunner Pedro Castillo has pledged to withdraw the country from ICSID and other ISDS mechanisms and create a new regional arbitration centre for South American nations if he wins a runoff vote in June.

07 May 2021

ECJ adviser appears to favour contract-based ISDS

An advocate general of the European Court of Justice has advised that individual arbitration agreements between EU investors and member states are compatible with EU law – but only if final awards are subject to “comprehensive review” by member states' courts.

22 April 2021

Iraq to sign New York Convention

Iraq is to become the 168th signatory of the New York Convention after passing an accession law as part of its ongoing reconstruction programme after the US-led ousting of Saddam Hussein and the years of instability that have followed.

06 April 2021

IBA releases toolkit on insolvency and arbitration

The International Bar Association has released a toolkit providing guidance for when a party to an arbitration is subject to insolvency proceedings.

24 March 2021

Malawi accedes to New York Convention

Malawi has become the 167th party to the New York Convention, as an UNCITRAL arbitration brought by a Malawian-registered company against French energy group Total gets underway in South Africa.

16 March 2021

Belize ratifies New York Convention decades after given effect

Belize has ratified the New York Convention, more than 40 years after it was implemented into domestic law and following years of uncertainty about its application in the country – but has it done so for the right reasons?

16 March 2021

ICDR revamps arbitration rules

The International Centre for Dispute Resolution, the international arm of the American Arbitration Association, has updated its arbitration rules – including new provisions on arbitrator impartiality, videoconferencing, handling of awards and third-party funding.

12 March 2021

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

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