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International Arbitration

Assignment of Arbitration Agreements

23/01/2023 by Aceris Law LLC

Assignment arbitration agreement

The assignment of a contract containing an arbitration agreement to a third party raises several questions.[1] The first question is whether the arbitration agreement is automatically transferred.[2] If so, what is the legal basis for such a transfer?[3] Other issues concern the validity of the assignment of the main contract itself and whether evidence of […]

Filed Under: Arbitration Clause, International Arbitration

The Standard of Proof in Arbitration

02/01/2023 by Aceris Law LLC

Standard of Proof Arbitration

In The Burden of Proof in Arbitration, a distinction was made between the burden of proof, defined as “the duty of proving a disputed assertion or charge”, and the standard of proof, which “determines the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding”, according to […]

Filed Under: ICSID Arbitration, International Arbitration, UNCITRAL Model Law

The Choice Between One and Three Arbitrators

11/12/2022 by Aceris Law LLC

LCIA Sole Arbitrator versus 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 […]

Filed Under: Cost-Efficient Arbitration, ICC Arbitration, International Arbitration, International Arbitration Institutions, LCIA Arbitration, SCC Arbitration

The Burden of Proof in Arbitration

07/12/2022 by Aceris Law LLC

Burden of Proof in Arbitration

According to the Merriam-Webster Dictionary, the burden of proof is “the duty of proving a disputed assertion or charge.” It is not to be confused with the standard of proof, which determines “the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding.” Even though both can […]

Filed Under: International Arbitration

Twilight Issues in International Arbitration

12/11/2022 by Aceris Law LLC

Twilight Issues Arbitration

What happens when the arbitration agreement, the lex arbitri, and the law out of which the cause of action arises are silent about the law applicable to issues that are considered to be neither substantive nor procedural? The short answer is that these issues would fall under the category of so-called “twilight issues” in international […]

Filed Under: International Arbitration

International Arbitration in the Czech Republic (Czechia)

07/09/2022 by Aceris Law LLC

Arbitration Czech Republic

Civil and commercial arbitration in the Czech Republic is governed by Act No. 216/1994 Coll. on Arbitral Proceedings and Enforcements of Arbitral Awards (the “Arbitration Act”), which replaced a former 1963 Arbitration Act. Contrary to many national arbitration laws, the Arbitration Act is not based on the UNCITRAL Model Law. For instance, contrary to the […]

Filed Under: Czechia Arbitration, International Arbitration

The Duration of Arbitration

31/08/2022 by Aceris Law LLC

Time and Duration LCIA Arbitration

The duration of arbitration, in addition to its cost, is an important factor claimants take into account when determining whether to start arbitration proceedings in the first place, and respondents take into account when determining whether a matter should be resolved through negotiations. A supposedly shorter duration of arbitration proceedings is one of the commonly […]

Filed Under: International Arbitration

التحكيم الدولي للبناء في الشرق الأوسط

04/06/2022 by Aceris Law LLC

يعتبر مجال البناء من القطاعات الاقتصادية الرائدة في الشرق الأوسط ، حيث يتم البدء في عدد كبير من مشاريع البنية التحتية بمليارات الدولارات كل عام. منازعات البناء أمر لا مفر منه بسبب النشاط في صناعة البناء والتحكيم هو آلية فض المنازعات المفضلة لمثل هذه المنازعات ، وخاصة بالنسبة للأطراف الأجنبية. عادة ما تكون نزاعات البناء […]

Filed Under: International Arbitration

Translations in International Arbitration

01/04/2022 by Aceris Law LLC

Translations play a crucial role in international arbitration. In a forum where multiple nationalities and languages are involved, the use of translations is common. However, many arbitration users, and lawyers, remain unaware of the challenges of legal translations. While linguistic challenges may increase time and costs, little attention is paid to the complexity of language […]

Filed Under: International Arbitration

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