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International Arbitration

International Commercial Arbitration in Puerto Rico

04/12/2017 by Aceris Law LLC

International Commercial Arbitration in Puerto Rico

International commercial arbitration in Puerto Rico was modernised in 2012, when Puerto Rico finally amended its International Commercial Arbitration Law with the hope to become an attractive venue for companies and arbitration proceedings and therefore to make the most of its strategic location. The previous arbitration law which dated from the 1950’s was not adapted […]

Filed Under: Award on Costs, Commercial Arbitration, International Arbitration, UNCITRAL Arbitration

Lessons from Venezuela: ICSID’s Post-Denunciation Phase

01/12/2017 by Aceris Law LLC

Venezuela: ICSID’s Post-Denunciation Phase

  Protests. News bulletins. Calls for treaty reform and withdrawal. In a political and economic climate of a potential post-arbitration age, governments and communities are in the throes of debate. Going forward, however, leaders would be mindful to learn from the Bolivarian Republic of Venezuela and its recent ICSID debacle when it faced two series […]

Filed Under: ICSID Arbitration, International Arbitration, UNCITRAL Arbitration, Venezuela Arbitration

Arbitration Proceedings without an Arbitration Clause

29/11/2017 by Aceris Law LLC

Arbitration Proceedings without an Arbitration Clause

Introduction Many fail to realise that arbitration proceedings are entirely possible in the absence of an arbitration clause in an underlying contract. The ability to launch arbitration proceedings depends exclusively on the parties’ will since this dispute resolution method is purely consensual. The required will (or consent to arbitration) is often, but not always, encompassed […]

Filed Under: Arbitration Clause, Brazil Arbitration, International Arbitration

Argentina Arbitration Legal Reform

27/11/2017 by Aceris Law LLC

Argentina Arbitration Legal Reform

Argentina’s economy seems to be heading into the right direction after the devastating economic crisis experienced 15 years ago, which led to dozens of cases against Argentina at International Center for Settlement of Investment Disputes (ICSID). In addition to a very comprehensive political and economic reform, the Argentinian government is also undertaking a legal reform […]

Filed Under: Argentina Arbitration, Award on Costs, International Arbitration

Arbitral Tribunals and Discovery of Evidence in the US

24/11/2017 by Aceris Law LLC

Discovery International Arbitration

Introduction This blog focuses on a developing yet difficult legal question: what is the relationship between US courts and assisting international arbitral tribunals in obtaining evidence through discovery procedures? In building evidence to support a case, one may consider making a request for discovery in local US courts, if applicable. This can be done under […]

Filed Under: Arbitrators, International Arbitration, United States Arbitration

Special Authorisation for the Conclusion of an Arbitration Agreement under Slovenian Law

20/11/2017 by Aceris Law LLC

Arbitration Agreement under Slovenian Law

Slovenian Law states that an authorised person needs a “special authorisation” for the conclusion of an arbitration agreement. Similar provisions are found in other laws in the Middle East and other ex-Yugoslavian States. According to Article 76 of the Slovenian Obligations Code, a general authorisation, valid for “legal transactions classed among ordinary business” does not suffice: […]

Filed Under: Arbitration Clause, Construction Arbitration, International Arbitration, Slovenia Arbitration

The Seat of Arbitration in International Commercial Arbitration

08/11/2017 by Aceris Law LLC

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 […]

Filed Under: Commercial Arbitration, ICC Arbitration, International Arbitration, Saudi Arabia Arbitration, United Kingdom Arbitration, United States Arbitration

Investor’s Consent to ICSID Arbitration Under Côte d’Ivoire’s Investment Code

31/10/2017 by Aceris Law LLC

A request for acceptance of the investment constitutes valid evidence of the investor’s consent to ICSID arbitration under Côte d’Ivoire’s Investment Code. This is the finding of the arbitral tribunal in an ICSID arbitration initiated by an Ivoirian company, Société Resort Company Invest Abidjan, and two French nationals, Stanislas Citerici and Gérard Bot, against the Republic of […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration

The LCIA Arbitration Clause – London Court of International Arbitration

29/10/2017 by Aceris Law LLC

LCIA-Arbitration-Clause-LCIA-Arbitration-Lawyers-

An LCIA Arbitration Clause in a contract contains the parties’ agreement that their dispute will be resolved by an arbitral tribunal and that the arbitration proceedings will be governed by the procedural rules in the LCIA Arbitration Rules, in addition to any mandatory rules at the seat of arbitration. The inclusion in the contract of an […]

Filed Under: Arbitration Clause, International Arbitration, LCIA Arbitration, United Kingdom Arbitration

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