Aceris Law, a Getting the Deal Through National Expert, has recently published the 2018 guide for Arbitration in France, which is available below for consultation or download. The guide examines the most significant issues regarding arbitration in France, in relation to commercial and investment disputes with French elements. It describes investment arbitration issues (bilateral investment […]
ICC Arbitration
Small Claim Arbitrations
Arbitration institutions have attempted to adapt their arbitration rules in order to be more appropriate for small claim arbitrations by reducing the costs and the time of arbitration proceedings. The ICC Arbitration Rules applicable as of 1 March 2017 confirm this trend by introducing special rules for claims below USD 2 million. According to the ICC Court, […]
Disclosure of Third-Party Funding in International Arbitration
The disclosure of third-party funding is becoming increasingly common in international arbitration proceedings. This is reasonable, as the fact that there is an outside influence on the case affects the decision-making process and impacts issues such as transparency, impartiality, independence and conflicts of interest. For instance, if a third-party funder has a conflict of interest […]
The Seat of Arbitration in International Commercial Arbitration
The seat of arbitration (also known as the place or locale) is one of the most important factors to take into consideration when drafting international arbitration clauses in a contract and is often confused with the venue of the arbitration, which is not the same thing. The choice of the seat of arbitration can have […]
The Legal Framework for the Enforcement of Arbitral Awards in Saudi Arabia
The legal framework for the enforcement of foreign arbitral awards in the Kingdom of Saudi Arabia has changed dramatically over the past decade. In 2012, Saudi Arabia enacted a new Arbitration Law, based on the 1985 UNCITRAL Model Law. This replaced its 1983 Arbitration Law. The previous procedure for the enforcement of arbitral awards had […]
Aceris Secures USD 19 Million ICC Arbitration Award for North American Client, Wards Off USD 131 Million in Counterclaims
Aceris Law has secured another highly favourable international arbitration award, obtaining an arbitration award in excess of USD 19 million on behalf of a North American client, while warding off counterclaims in excess of USD 131 million. The final award in the ICC arbitration was rendered in October 2017. It concerned an engineering, design, procurement […]
The ICC Arbitration Clause – International Chamber of Commerce
By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration. This also implies that the International […]
Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)
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 […]
Condition Precedents to Arbitration: Emirate Trading Agency LLC v Prime Mineral Exports [2014] EWHC
Condition precedents to arbitration are common, especially with respect to provisions indicating that the parties must negotiate for a certain period prior to commencing arbitral proceedings. Emirate Trading Agency LLC v Prime Mineral Exports concerned a dispute arising out of a contract for the sale and purchase of iron ore entered into by the parties […]
