This ICC arbitral award concerns the notion of estoppel and a Representation Agreement between the parties, and whether a contract was valid and enforceable despite a United Nations embargo, with respect to a contract under Swiss law. While the contract was being performed, an Iraq embargo was ordered by the United Nations following the invasion […]
France Arbitration
SAINT-GOBAIN PERFORMANCE PLASTICS EUROPE V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE NO. ARB/12/13) – DECISION ON PROPOSAL TO DISQUALIFY ARBITRATOR of 27 February 2013
On 25 May 2012, Saint-Gobain Performance Plastics Europe filed a request for arbitration against the Bolivarian Republic of Venezuela for breaches to the Agreement on Encouragement and Reciprocal Protection of Investments between France and Venezuela of 15 April 2004. After appointment of the arbitrators by each party, Claimant filed for the disqualification of the arbitrator […]
The Presumption of Separability in International Arbitration
The presumption of separability in international arbitration means that the validity of an international arbitration agreement is separate and analyzed independently from the rest of a contract. It may be the case that only the arbitration agreement itself is valid while the rest of the contract is not, or vice versa. This presumption is recognized […]
ENFORCEMENT OF AN ANNULLED ARBITRATION AWARD: SOCIETE PT PUTRABALI ADYAMULIA v. RENA HOLDING French Court of Cassation (2007)
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 […]
Aceris Ranked As First-Tier Recommended International Arbitration Firm By The Leaders League Intelligence Unit
Aceris Law has been ranked as a first-tier, recommended international arbitration firm by the Leader’s League Intelligence Report for 2017. The rankings of recommended international arbitration firms are shown below. Aceris Law was similarly ranked as a recommended international arbitration firm in 2015-2016, and it was highly-regarded prior to spinning off from DK AARPI. The Leader’s […]
Successful Challenge of Arbitration Award before the French Conseil d’Etat
On 9 November 2016, following the challenge of an arbitration award before the French Conseil d’Etat, France’s highest administrative court, the administrative court rendered an interesting new decision on the issue of its power to review an international arbitration award in the context of a public contract. This decision arises out of an ICC award […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
Aceris Law SARL’s Diverse Clients
Aceris Law LLC has a diverse set of clients thanks to its lawyers’ flexibility, their language skills, their multicultural backgrounds and Aceris’ heavy reliance on modern technology. Since we provide legal representation only for international disputes, Aceris Law LLC has been designed from the ground-up with only this in mind. While we maintain permanent access to offices in 120 […]
Arbitrage sportif – Qu’est que le tribunal arbitral du sport ?
Cet été, le Tribunal Arbitral du Sport (TAS) a constamment fait la une des journaux. En effet la condamnation du skieur Martin Sundby pour dopage, la procédure de suspension de Maria Sharapova (ancienne numéro 1 mondiale russe de Tennis), l’affaire Sepp Blatter (ancien président de la FIFA) ou encore toutes les procédures liées aux jeux […]
