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France Arbitration

Does an Arbitration Clause Survive the Termination of a Contract?

15/08/2020 by Aceris Law LLC

Termination-of-a-contract-arbitration-clause

An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]

Filed Under: Commercial Arbitration, France Arbitration, United Kingdom Arbitration, United States Arbitration

Aceris Law’s Client Succeeds in ICC Arbitration under French Law in the Aviation Industry

11/06/2020 by Aceris Law LLC

ICC arbitration aviation industry

Aceris Law is pleased to announce that it has assisted another client in winning another ICC arbitration, this time in the aviation industry. While identifying details of the award remain confidential, the dispute, which was subject to French law, concerned remuneration of the work of a third-party consultant who had assisted in the successful sale […]

Filed Under: About Aceris, France Arbitration, ICC Arbitration, William Kirtley

COVID-19 and Construction Disputes: Claims for Time and Money

03/04/2020 by Aceris Law LLC

covid construction disputes claims time money

The spread of COVID-19, also known as coronavirus, which was declared a global pandemic by the World Health Organization on 11 March 2020, has had a significant, in some cases disastrous, impact on virtually all areas of business globally. The construction industry is no exception. With a number of countries declaring a state of emergency […]

Filed Under: Commercial Arbitration, Construction Arbitration, France Arbitration

Arbitration in France: 2020

19/03/2020 by Aceris Law LLC

Arbitration in France - French Arbitration Law

William Kirtley and Zuzana Vysudilova of Aceris Law have published the 2020 Lexology: Getting the Deal Through Arbitration guide to Arbitration in France for 2020. The guide discusses recent French jurisprudence concerning arbitration, as well as issues that are frequently encountered, and may be downloaded here. France William Kirtley and Zuzana Vysudilova Aceris Law LLC […]

Filed Under: France Arbitration

COVID-19, Force Majeure and Arbitration

19/03/2020 by Aceris Law LLC

COVID-19-force-majeure-and-international-arbitration

It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]

Filed Under: China Arbitration, France Arbitration, United Kingdom Arbitration

Confidentiality in International Arbitration: Obligations Under English, French and U.S. Laws

22/09/2019 by Aceris Law LLC

Confidentiality in International Arbitration

Confidentiality is often regarded as one of the core advantages of international arbitration. For instance, confidentiality reduces disclosure of sensitive information and the influence of public opinion.[1] Confidentiality is to be distinguished from privacy, which concerns the fact that only parties to the arbitration agreement may attend hearings and participate in arbitral proceedings.[2] Privacy prevents interference from […]

Filed Under: France Arbitration, London Arbitration, United States Arbitration

International Arbitration Agreements and Kompetenz-Kompetenz: A Comparative Perspective Between USA and France

09/08/2019 by Aceris Law LLC

The Kompetenz-Kompetenz doctrine presumes that an international arbitral tribunal has jurisdiction to assess and decide its own jurisdiction. Legal systems adopt different approaches to the Kompetenz-Kompetenz principle. National arbitration legislation varies regarding the versions of the Kompetenz-Kompetenz principle adopted.[1] The principle involves two types of effects. The positive effect of Kompetenz-Kompetenz is that the arbitral […]

Filed Under: France Arbitration, International Arbitration, United States Arbitration

William Kirtley and Marina Sim Comment on Taxes and Investment Arbitration

28/06/2019 by Aceris Law LLC

William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]

Filed Under: Bilateral Investment Treaty, France Arbitration, ICSID Arbitration, William Kirtley

William Kirtley and Christy Chidiac Comment on Setting Aside of Arbitral Award

28/03/2019 by Aceris Law LLC

In a recently-published article by LexisNexis, William Kirtley and Christy Chidiac provide analysis of the French Court of Cassation’s setting aside of the Paris Court of Appeal’s partial annulment of an arbitration award on jurisdiction rendered in Serafín García Armas and Karina García Gruber v The Bolivarian Republic of Venezuela (“Serafín“). A primary issue in […]

Filed Under: France Arbitration, Venezuela Arbitration, William Kirtley

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