Conservative and interim measures (sometimes called provisional measures) represent an important tool in international arbitration designed to protect the parties’ interests while awaiting the resolution of their dispute via a final award. These measures may often appear essential “[o]wing to the time gap between the commencement of the arbitration, the substantive hearing and the final […]
ICC Arbitration
The Choice Between One and Three Arbitrators
The choice between one and three arbitrators is an important decision parties do not always pay attention to when drafting arbitration clauses, or even once a dispute has arisen. The choice of who will sit on the panel, including whether it will be a sole arbitrator or a three-member tribunal, is one of the most […]
Aceris Law Resolves Large Dispute Concerning Eco-Tourism Project in France via ICC Mediation
Aceris Law is pleased to announce that it has assisted another client in resolving another long-running international dispute via ICC mediation, without the need to resort to more costly and time-consuming ICC arbitration. Aceris Law often assists clients in resolving international disputes via mediation, which can be done even if an international arbitration is already […]
French Court of Appeal Rules on Parties’ Waiver in ICC Arbitration
The French Court of Appeal has recently outlined the scope of parties’ waiver in arbitration. In Antrix Corp Ltd v. Devas Multimedia P. Ltd, the International Commercial Chamber of the Paris Court of Appeal held that Antrix did not waive its right to rely on a procedural irregularity, raised before the ICC International Court of […]
Expedited Arbitration Under the ICC Rules
The introduction of the ICC Expedited Arbitration Procedure Rules (“Expedited Procedure Rules”) was one of the main innovations of the 2017 amendments to the ICC Arbitration Rules. Expedited arbitration differs from a standard arbitration proceeding, as it provides a simplified procedure, with the goal of diminishing time and costs while promoting efficiency in international arbitration. […]
The Costs of Arbitration
One of the most common questions claimants have prior to starting arbitration proceedings are the costs of arbitration, whether they can be estimated in advance, and how they can be reduced. The costs of arbitration, in addition to an arbitration’s duration, are an important if not determinative factor in a claimant’s decision whether to start […]
ICC Tahkim Nasıl Başlatılır?
ICC Tahkim başlatmak oldukça kolay bir süreçtir ve bu sürece ilişkin kurallar 1 Ocak 2021 tarihinde yürürlüğe giren ICC Tahkim Kuralları tarafidan belirlenmektedir.[1] ICC Tahkim hizmetlerine yönelik talep günden güne artarken, ICC Tahkim nasıl başlatılır sorusuda bir o kadar önem kazanıyor. I. Tahkim Talebi Öncelikle, tahkim başlamak isteyen taraf, ICC Uluslararası Tahkim Divanı Sekretaryasına bir “Tahkim […]
Partial Awards on Unpaid Costs in International Arbitration
Unpaid costs in international arbitration are relatively common. Most rules of arbitral institutions provide that the parties must bear the costs of arbitration in equal shares. Difficulties may arise when one of the parties, usually the respondent, refuses to pay its share of advances on costs to cover the expenses related to the arbitration, including […]
English Court Upholds Arbitration Award of Third-Party Funding Costs
In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]
