The commencement of international arbitration is conditioned by payment of advances on costs, after the payment of a filing fee. Unlike domestic courts, which are publicly-funded, advances on costs are needed to pay the fees of private arbitrators. If the arbitration is administered, costs also need to be advanced to pay the administrative costs of […]
Award on Costs
The Recoverability of Arbitration Costs
Costs tend to be a major concern for users of international arbitration. However, a successful party may recover them in full or in part, including the costs of legal representation. In this respect, both national arbitration legislation and institutional rules generally grant arbitrators the power to award the costs. Though the UNCITRAL Model Law is […]
Should an International Arbitration for a Small Claim Even Be Commenced?
Should an international arbitration for a small claim, for instance an amount in dispute of less than USD 50,000, even be commenced? This is a recurring question asked by clients with small claims who wonder if it is worthwhile to commence arbitration proceedings and to incur additional costs in order to recover small amounts. Claimants […]
What Makes a Good Final Award in an Arbitration?
The Final Award is the key decision in an arbitration that has important consequences, in the sense that it is the end outcome of a controversy, or a dispute submitted to an arbitral tribunal or a sole arbitrator, and it will affect the rights between the parties and may not normally be appealed. In addition […]
Large LCIA Arbitration Award Rendered in Favour of Aceris’ Client
Aceris Law has helped to obtain another positive outcome for another client in a complex arbitration involving significant claims, with the rendering of a Final Award on 30 August 2018 following two years of arbitration proceedings under the LCIA arbitration rules. The dispute, which had its seat in London, was rendered under the substantive and […]
Correction of Arbitration Awards
Correction of arbitration awards is one of the post-award remedies intended to rectify any errors, ambiguities or omissions in the arbitral tribunal’s award after its issuance. It frequently occurs in practice that arbitral awards contain certain minor, or sometimes, more significant, mistakes, ambiguities or omissions. While these errors usually concern minor and incidental issues, certain […]
Correction of Arbitral Awards in ICC Arbitration
To err is human, so the ICC Arbitration Rules provide for a special mechanism aiming to correct errors in arbitral awards. The correction of arbitral awards in ICC Arbitration is governed by Article 36 of the 2017 ICC Arbitration Rules, which reads: “Article 36: Correction and Interpretation of the Award; Remission of Awards 1) On its own […]
ICSID Caseload Statistics
Recently, the International Centre of Settlement of International Dispute (“ICSID”) announced a new case record.[1] According to its caseload statistics published on 2 February 2018, the institution registered a record of 53 claims over 2017. Out of these cases, 49 were submitted under the ICSID Convention, while 4 were conducted under the ICSID Additional Facility rules. The […]
Arbitration Award Enforced in England Despite Evidence of Fraud
The New York Convention compels its 157 contracting Parties to enforce arbitration awards: “A New York Convention award may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”. This enforcement requirement, found in Section 101 of the Arbitration Act 1996, is however […]
