Procedural protections consist of fundamental principles, which include the right to equal treatment and the right to be heard. Procedural protections are also provided through deference to party autonomy and the arbitrator’s procedural discretion.[1] The UNCITRAL Model Law, national arbitration legislation, judicial decisions and institutional rules provide for equality of treatment in various ways. Article […]
Aceris Law Wins Another ICC Arbitration under Swiss Law
Aceris Law is pleased to have won another ICC arbitration under Swiss law for a European client regarding the construction of a cement plant in a West African State. Representing the Employer, the dispute concerned back charges, liquidated damages for delay and damages caused by the breach of the arbitration agreement. As usual, Aceris Law’s […]
How to Initiate International Arbitration
Initiating international arbitration is a rather simple process, which can be done by lawyers or even non-lawyers: In ad hoc arbitrations, normally, it requires only the service of a “Notice of Arbitration” to the respondent. In administered arbitrations, usually, it requires submission of a “Notice of Arbitration” or a “Request for Arbitration” before the competent […]
Aceris Law Successfully Resolves another ICC Arbitration
Aceris Law is pleased to have successfully resolved yet another ICC arbitration. Approximately one-third of the arbitrations where Aceris Law serves as counsel are construction-related, one-third are other types of commercial arbitrations (especially in the fields of aviation, energy, finance and technology) and one-third are investor-State arbitrations. This dispute, which had been running since 2016, […]
Refusing to Participate in Arbitration Proceedings
Parties who signed a binding arbitration agreement are, in principle, bound by its terms. Once a dispute arises and a claimant commences arbitration proceedings against a respondent, a general assumption is that the parties will cooperate and actively participate in the proceedings. In practice, however, it can happen that the other party, usually the respondent, […]