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Award on Costs

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

Customer (Italy) v. Service provider (Switzerland), Final Award CAM Case No. 1115/16, 10 December 2015

23/04/2017 by Aceris Law LLC

Customer v. Service provider

This case relates to the issue of the validity of a contract between two parties involved in an international arbitration under the arbitration rules of the Milan Chamber of Arbitration. In the case, the Claimant filed for a request for arbitration before the Chamber of Arbitration in Milan seeking damages for the termination of the […]

Filed Under: Award on Costs, International Arbitration, Italy Arbitration, Switzerland Arbitration

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

Diversity in International Arbitration

14/02/2017 by Aceris Law LLC

diversity in international arbitration

Diversity in international arbitration tribunals remains a hot topic among practitioners. Desired goals have been set on multiple occasions, especially with respect to gender diversity, and on 10 January 2017, Berwin Leighton Paisner released an annual arbitration survey (“Diversity in International Arbitration: Are We Getting There?”) to evaluate where things stand. The survey is provided below. […]

Filed Under: Award on Costs, ICSID Arbitration, International Arbitration, International Arbitration Institutions

Judgment-Proof Claimants in ICSID Arbitration

07/11/2016 by Aceris Law LLC

The issue of judgment-proof claimants in ICSID arbitration has recently been a focus of attention. As a matter of fact, the Republic of Panama sent a memorandum to ICSID on 12 September 2016, available below, exposing the difficulties of sovereigns being unable to collect costs awards in their favour and requesting the ICSID to examine […]

Filed Under: Award on Costs, ICSID Arbitration, International Arbitration, Investment Arbitration, Panama Arbitration

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