and Manuela Caccialanza, Linklaters LLP
The question about whether or not an arbitration clause incorporated “by reference” must be regarded as valid and binding between the parties has been, and…
The Indian arbitration regime has seen a sea change in the last couple of years. Before the decision of the Indian Supreme Court (“SC”) in BALCO v. Kaiser Aluminium [Civ. App. No. 7019 of 2005] in…
By Manuela Caccialanza and Alessandro Villani, Linklaters LLP
Another chapter of the never-ending West Tankers saga has recently concluded, seemingly scoring a success as to protection of a party’s…
Apropos of a recent decision in ConocoPhillips v. Venezuela (ICSID Case No ARB/07/30), this post discusses the potential underlying concerns an arbitral tribunal may consider when deciding whether it…
The recent Bangladesh factory disaster has brought the plight of labourers in developing countries to the forefront in the international arena. Reforms in the labour legislations in Bangladesh have…
By Roland Ziadé and Claudia Cavicchioli, Linklaters LLP
On 17 December 2013, the Paris Court of Appeal added a new chapter to the Jnah vs. Marriott saga, when it ruled on an action to set aside an…
and Pol Thielen, Managing Associate, Litigation, Linklaters LLP, Luxembourg
Luxembourg is home to many international holding companies and special purpose vehicles. As a consequence, when disputes…
By Alessandro Villani and Manuela Caccialanza
One of the more debated issues in the process of the implementation and review of Regulation No. 44/2001 (“Brussels Regulation”) was the general…