Which criteria does the ICC Court apply when deciding arbitrator’s challenges? This is an interesting question with no straightforward answer, especially taking into account that the ICC Court has yet to begin publishing decision on challenges, although it has recently begun providing its reasoning to Parties with respect to its decisions on challenges. The 2012 ICC […]
ICC Arbitration
Emergency Arbitrator Award
Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]
Escalation Clauses in the ICC Mediation Rules
On 1 January 2014, the Mediation Rules of the International Chamber of Commerce came into force (ICC Mediation Rules), thereby replacing ICC’s Amicable Dispute Resolution Rules. While arbitration under the ICC Arbitration Rules leads to a binding decision from an independent and neutral tribunal, the ICC Mediation procedure seeks to help the Parties reach a […]
French Arbitration Law
Introduction to the “New” French Arbitration Law The Decree no. 2011-48 issued by the French Ministry of Justice on 13 January 2011 provides the framework for the new French Arbitration Law (the “2011 Reform”). It is found in Articles 1442-1527 of the Code of Civil Procedure and contains provisions specific to domestic arbitration, international arbitrations, and common […]
The Case of an Arbitrator Late Nomination under the 2012 ICC Rules
The case of an arbitrator late nomination is an unusual one under the ICC Rules. Under Article 12(4) of the 2012 ICC Rules, in the event that the parties have agreed upon a three-member tribunal, the claimant proceeds with the nomination of its co-arbitrator in the Request, and the respondent nominates its co-arbitrator in the […]
Limitations on Post-Award Remedies under the ICC Rules
There are limitations on post-award remedies under the ICC Rules because one of the main reasons that private parties seek to have disputes resolved via international arbitration rather than national courts is the final and binding nature of arbitral awards. Due to human beings’ fallibility, “all arbitral awards, like all national court judgments and academic treatises, […]
Aceris Law Cited As Key Player Of Swiss International Arbitration Law Firms
Aceris Law has been cited as a key player among Swiss international arbitration law firms in the International Report and Directory Series of 2015-2016. Among Swiss international arbitration law firms, Aceris is unique, offering excellent international arbitration legal representation at far more competitive rates than were traditionally available. According to Aceris founder William Kirtley, “We […]
Olivier Marquais Publishes Article on Article 35 of the ICC Rules of Arbitration in the Revue de l’Arbitrage
Olivier Marquais has published a new article in the Revue de l’Arbitrage, one of the oldest and most highly-esteemed French journals focusing on international arbitration. An ICC arbitral award is final and as a matter of principle not subject to review. However, Article 35 of the ICC Rules of Arbitration allows a tribunal to issue […]
Aceris Initiates ICC Construction Arbitration Against Two Middle Eastern Companies
Building on its lawyers’ significant experience resolving disputes via arbitration concerning construction projects in the Middle East, Aceris has begun 2016 by launching an ICC construction arbitration against a Middle Eastern company and its parent corporation. The dispute, like many international legal disputes, is under English law, although Aceris is also currently involved in disputes […]
