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Arbitration Clause

Denial of Justice in Investment Arbitration – Claims Commission, L.FAY H. NEER AND PAULINE NEER (USA) V. UNITED MEXICAN STATES

08/05/2017 by Aceris Law LLC

Denial of Justice in Investment Arbitration

The famous case Neer v. United Mexican States set a standard of treatment with respect to denial of justice, fair and equitable treatment and the minimum standard of treatment in international law, which is still relevant and largely applied and relied upon today in investment arbitrations. This decision was rendered on 15 October 1926 by […]

Filed Under: Arbitration Clause, Award on Costs, International Arbitration, Mexico Arbitration, United States Arbitration

ENFORCEMENT OF AN ANNULLED ARBITRATION AWARD: SOCIETE PT PUTRABALI ADYAMULIA v. RENA HOLDING French Court of Cassation (2007)

04/05/2017 by Aceris Law LLC

The case Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices is one of the French landmark cases concerning the enforcement of an arbitral award in France, where the enforcement of an annulled arbitration award is possible. In the case, Putrabali sold a cargo of white pepper to Rena Holding. The […]

Filed Under: Arbitration Clause, Award on Costs, Enforcement of Arbitration Awards, France Arbitration, International Arbitration

Irreparable Damage and Interim Measures: ENCANA CORP. v. GOVERNMENT OF THE REPUBLIC OF ECUADOR (LCIA, Interim Award, Request for Interim Measures of Protection – 2004)

27/04/2017 by Aceris Law LLC

Irreparable Damage and Interim Measures

In the well-known case Encana v. Ecuador, the Arbitral Tribunal refused to order interim measures on the basis of there being no irreparable damage. On January 8, 2004, Claimant requested an urgent hearing of an application for interim relief regarding the enforcement of certain measures that the Ecuadorian government had taken against one of its […]

Filed Under: Arbitration Clause, Award on Costs, Damages in Arbitration, Ecuador Arbitration, International Arbitration, London Arbitration, UNCITRAL Arbitration

THE ENFORCEMENT OF ICSID AWARDS

24/04/2017 by Aceris Law LLC

enforcement of ICSID awards

The recognition and enforcement of ICSID awards is governed by Articles 53, 54 and 55 of the ICSID Convention. A party who seeks enforcement of an ICSID award may do so in any ICSID Contracting State, under the same conditions, and may simultaneously do so in more than one State.[1] The choice of enforcement forum […]

Filed Under: Arbitration Clause, Award on Costs, Commercial Arbitration, Enforcement of Arbitration Awards, ICSID Arbitration, International Arbitration, International Arbitration Institutions

Successful State Counterclaims in Investor-State Arbitration : The Case of Burlington Resources Inc v. the Republic of Ecuador

21/04/2017 by Aceris Law LLC

Arbitration Institutions in Serbia

Successful State counterclaims in investor-State arbitration were found on 7 February 2017. The counterclaims were brought by Ecuador in response to claims by Burlington Resources Inc, a U.S.-based foreign investor. In its counterclaims, Ecuador alleged breach of its national environmental law by Burlington Resources and breach of contractual obligations and sought USD 2.8 billion in […]

Filed Under: Arbitration Clause, Ecuador Arbitration, International Arbitration, Third-Party Funding

Valeri Belokon v. Kyrgyz Republic – Money Laundering in Investment Arbitration

07/03/2017 by Aceris Law LLC

Valeri Belokon v. Kyrgyz Republic

On 14 October 2014, an UNCITRAL arbitral tribunal in the case Valeri Belokon v. Kyrgyz Republic, whose composition included Kaj Hober, Niels Schiersing and Jan Paulsson as President, found Kyrgyzstan liable for the unlawful expropriation of Claimant’s investment. The investment claim had been brought in 2011 by Valeri Belokon, a Latvian investor, against the Kyrgyz […]

Filed Under: Arbitration Clause, Award on Costs, International Arbitration, Investment Arbitration, Kyrgyz Republic Arbitration, UNCITRAL Arbitration

Validity of Appellate Arbitration Clauses

28/02/2017 by Aceris Law LLC

Appellate-Arbitration-Clauses

The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]

Filed Under: Arbitration Clause, Award on Costs, India Arbitration, International Arbitration

Kosovo Telecom Arbitration

09/02/2017 by Aceris Law LLC

Kosovo Telecom Arbitration

The largest commercial arbitration in the youngest European State – the Kosovo Telecom arbitration – has come to an end. In a dispute between local mobile operator Dardafone, operating in Kosovo under the trading name Z Mobile, and Telekom Kosovo, at the time known as PTK, an ICC Tribunal seated in London has ordered Dardafone […]

Filed Under: Arbitration Clause, Commercial Arbitration, ICC Arbitration, ICSID Arbitration, International Arbitration, Kosovo Arbitration

Palestine Threatens Sports Arbitration

21/11/2016 by Aceris Law LLC

The Palestinian Football Association (“PFA”) has threatened to go to the Court for Sports Arbitration (“CAS”) unless FIFA agrees to take action against Israel over clubs based in the “illegally occupied” territory of the West Bank. Our previous reporting on CAS, its role and jurisdiction can be found here. The dispute concerns six Israeli football […]

Filed Under: Arbitration Clause, International Arbitration, Sport Arbitration

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