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International Arbitration Law

Cartels and International Arbitration

02/02/2025 by Aceris Law LLC

Cartels International Arbitration

Cartels disrupt market integrity and harm economic players. As companies worldwide face increasing risks from the anti-competitive practices of cartels, international arbitration is emerging as a critical tool for resolving these disputes. Understanding Cartels: The Basics A cartel is an agreement or coordinated action between two or more competitors, typically entities offering similar goods or […]

Filed Under: International Arbitration Law

Arbitration and Long-Term Contracts

15/12/2024 by Aceris Law LLC

Long-term contract arbitrations

The importance of long-term contracts in various industries has grown significantly. These agreements feature an extended duration, exhibit complexity, and establish interconnected reliance between the parties. Long-term contracts often govern relationships in sectors such as mining, telecommunications, and oil and gas, where cooperation over a prolonged period is essential. Given the extended nature of these […]

Filed Under: International Arbitration Law

Taxation of International Arbitration Awards

08/12/2024 by Aceris Law LLC

Taxation Arbitration Awards

The taxation of damages in international arbitration awards should be a significant consideration for any party embroiled in an arbitrable dispute. According to Keller and Leikin, the average tax liability in cases heard before tribunals established under the International Convention for Settlement of Investment Disputes (the “ICSID”) is an eye-watering USD 16-38.5 million.[1] Nevertheless, the […]

Filed Under: Damages in Arbitration, International Arbitration Law, Taxation Arbitration

Arbitration of Shareholder Disputes

17/11/2024 by Aceris Law LLC

Shareholder Arbitration

Shareholder arbitration is a mechanism that permits parties to resolve shareholder-related disputes. Arbitration of shareholder disputes allows parties to resolve their conflicts outside of courts, using neutral arbitration, in an efficient and confidential way. There is a wide range of disputes that emerge between shareholders and between shareholders and the company, including disputes related to: […]

Filed Under: International Arbitration, International Arbitration Law

Asymmetrical Arbitration Clauses

03/11/2024 by Aceris Law LLC

Asymmetrical Arbitration Clause

Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […]

Filed Under: Arbitration Clause, International Arbitration Law

Recognition, Enforcement and Execution in International Arbitration

08/07/2024 by Aceris Law LLC

Recognition enforcement execution arbitration award

Recognition, enforcement and execution in international arbitration are important legal concepts to master as they determine the post-arbitral consequences of an arbitration award once it has been rendered. However, their distinction is often difficult and depends on the legal system in which they are sought. We will review their differences in the following sub-sections. Recognition […]

Filed Under: Enforcement of Arbitration Awards, International Arbitration Law

Managing Sanctions in International Arbitration

16/06/2024 by Aceris Law LLC

Sanctions International Arbitration

Sanctions are economic and political measures used to restrict the actions of states, groups, or individuals, imposed either unilaterally or collectively. The UN Security Council, under the UN Charter, has the authority to impose sanctions to maintain international peace. The first such sanctions regime was established in 1968 in response to the power seizure in […]

Filed Under: International Arbitration Law, Sanctions and Arbitration

Pre-Arbitral Requirements

26/08/2023 by Aceris Law LLC

Pre-Arbitral Requirements

It is common to encounter pre-arbitral requirements in international arbitration agreements.[1] Compliance with these procedural requirements, included in multi-tiered dispute resolution clauses, is typically a prerequisite to the commencement of arbitration proceedings.[2] The underlying intent of these requirements is to ensure that parties in dispute make genuine efforts to amicably resolve their issues before resorting […]

Filed Under: International Arbitration Law

Arbitration and Third Parties: The Issue of Non-Signatories

06/08/2023 by Aceris Law LLC

International Arbitration Third Parties

Arbitration and third parties is a topic which, over and above its academic relevance, has important practical implications for parties in international arbitration proceedings. The issue of arbitration and third parties may concern situations where a party wishes to refer to arbitration another party that was not part of the main contract and therefore did […]

Filed Under: England Arbitration, France Arbitration, International Arbitration Law

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