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International Arbitration

The ICC Arbitration Clause – International Chamber of Commerce

24/06/2017 by Aceris Law LLC

ICC Arbitration Clause

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 […]

Filed Under: Arbitration Clause, ICC Arbitration, ICC Mediation, International Arbitration

Aceris Co-Sponsors Conference on the Protection of Foreign Investments

17/06/2017 by Aceris Law LLC

Protection of Foreign Investments

Aceris Law co-sponsored a one-day-conference on international arbitration and the protection of foreign investments organised on June 2, 2017 by Student Societies from 4 French universities: the Association des Juristes de Droit International (Paris 1 Panthéon-Sorbone), the Association du Master 2 de Droit International Economique (Paris 2 Panthéon-Assas), the Association des Anciens Etudiants de Droit […]

Filed Under: International Arbitration, Investment Arbitration

Provisional Measures in ICSID Investment Arbitration

12/06/2017 by Aceris Law LLC

Provisional measures in ICSID investment arbitration

The International Centre for the Settlement of Investment Disputes (ICSID) Convention allows parties to an ICSID arbitration to request provisional measures from arbitral tribunals. Provisional measures are frequently requested in the course of arbitrations, and the ICSID has compiled a comprehensive table with past requests for provisional measures, showing when requests for provisional measures in […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration

S SpA v. T GmbH, Oberster Gerichtshof, Case No. 180Cg1/15v, 23 June 2015

06/06/2017 by Aceris Law LLC

S SpA v. T GmbH, Oberster Gerichtshof

This case, resulting from a partial award rendered in a VIAC commercial arbitration, concerns the formal requirements of the validity of an arbitration agreement under Austrian law. The facts are as follows: a German consultant signed a contract for service with S SpA, an Italian company, for the sale of heat exchangers. This contract was […]

Filed Under: Arbitration Clause, Austria Arbitration, Commercial Arbitration, Germany Arbitration, International Arbitration, Italy Arbitration

Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)

06/06/2017 by Aceris Law LLC

Sales Representative v. Manufacturer

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 […]

Filed Under: Arbitration Clause, Award on Costs, France Arbitration, ICC Arbitration, International Arbitration

Arbitration and World Wide Freezing Orders: U&M Mining Zambia v. Konkola Copper Mines, English High Court (2014)

04/06/2017 by Aceris Law LLC

Arbitration and World Wide Freezing Orders

U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2014] EWHC 3250 (Comm) (10 October 2014) concerns the issuance of world wide freezing orders (“WFO”) against a losing party to an arbitration. By way of background, a dispute had arisen out of a contract entered into by the parties for the provision by U&M Mining […]

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

IMPREGILO S.P.A. V. ARGENTINE REPUBLIC (ICSID CASE NO. ARB/07/17) – AWARD of 21 June 2011

03/06/2017 by Aceris Law LLC

IMPREGILO S.P.A. V. ARGENTINE REPUBLIC

In 1996, Claimant was awarded a contract for a concession to privatize the water and sewer services of the Province of Buenos Aires. To execute the contract, Claimant incorporated AGBA (an Argentinean company). Under the contract, AGBA acquired the exclusive right to collect, treat, transport, distribute and commercialize water and sewage and, in return, was […]

Filed Under: Arbitration Clause, Argentina Arbitration, ICSID Arbitration, International Arbitration

MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD

02/06/2017 by Aceris Law LLC

Malicorp v Egypt

The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]

Filed Under: Arbitration Clause, Award on Costs, Bilateral Investment Treaty, Commercial Arbitration, Egypt Arbitration, ICSID Arbitration, International Arbitration, United Kingdom Arbitration

ATA CONSTRUCTION, INDUSTRIAL AND TRADING COMPANY V. THE HASHEMITE KINGDOM OF JORDAN (ICSID CASE ARB/08/2) AWARD 18 May 2010

30/05/2017 by Aceris Law LLC

https://www.international-arbitration-attorney.com/wp-content/uploads/2017/06/ATA-CONSTRUCTION2c-INDUSTRIAL-AND-TRADING-COMPANY-V.-JORDAN.pdf

In this ICSID case Claimant, a Turkish company, started an arbitration in relation to a dispute with the Arab Potash Company (“APC”), a Jordan government-owned company, arising out of the collapse of a dike Claimant had built. On 30 September 2003, a FIDIC Tribunal issued an award entirely in favor of Claimant. Following this ruling, […]

Filed Under: ICSID Arbitration, International Arbitration, Jordan Arbitration, Turkey Arbitration

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