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You are here: Home / Archives for Arbitration Rules

Procedural Timetable and Late Submission of Evidence in ICC Arbitration

12/08/2019 by Aceris Law LLC

In ICC arbitration, upon its constitution, the first task the arbitral tribunal must undertake is to establish the Terms of Reference (Article 23 of the ICC Arbitration Rules) and convene a case management conference with the parties (Article 24 of the ICC Arbitration Rules) during, or following, which a procedural timetable for the whole arbitration must be […]

Filed Under: Arbitration Rules, ICC Arbitration, ICC Arbitrator

Arbitration in Quebec

04/07/2019 by Aceris Law LLC

Arbitrations seated in Canada are regulated primarily by provincial rather than federal legislation. Each of Canada’s provinces, except for Quebec, has enacted legislation adopting the UNCITRAL Model Law. In Quebec, the Civil Code and Code of Civil Procedure are consistent with the UNCITRAL Model Law. In addition, each province has legislation to regulate domestic commercial […]

Filed Under: Arbitration Rules, Canada Arbitration, International Arbitration

Compensation for Violations of the Fair and Equitable Treatment Standard

14/06/2019 by Aceris Law LLC

Whereas nearly all modern international investment agreements prohibit unjust and inequitable treatment, they provide little guidance as to how the damages due to the injured investor are to be assessed. As the fair and equitable treatment (“FET“) standard itself is relatively imprecise and very much dependent on the specific circumstances of the individual case, tribunals […]

Filed Under: Arbitration Rules, Investment Arbitration, Investor-State Arbitration

Arbitral Tribunal Finds that Achmea and the January 2019 Declarations Are Irrelevant to Consent to Arbitration under the ECT

12/06/2019 by Aceris Law LLC

On 7 May 2019, the arbitral tribunal in Eskosol S.P.A in Liquidazione v Italian Republic [1] took a position on various issues concerning ECT arbitration following the judgment of the CJEU in Slovak Republic v. Achmea (“Achmea“). The decision addressed a request filed on 4 February 2019 by the Italian Republic for an award declaring […]

Filed Under: Arbitration, Arbitration Rules, International Arbitration

Arbitration in Albania

10/06/2019 by Aceris Law LLC

As one of the most commonly used methods for settling international disputes, arbitration is common in Albania. The latter has signed and ratified important and well-known international conventions such as the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards and The European Convention on the Recognition and Enforcement of Foreign Arbitral Awards, […]

Filed Under: Albania Arbitration, Arbitration Rules, International Arbitration

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