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International Arbitration

Arbitration and Art Disputes

25/06/2023 by Aceris Law LLC

Art Disputes Arbitration

Art disputes are, by their nature, very specific. They are highly technical and require a considerable amount of expertise from the decision-makers, lawyers, and the experts involved. They can also be subject to the uncompromising scrutiny of art market players and therefore, non-legal matters.[1] Art disputes encompass a wide range of issues, such as:[2] Disputes […]

Filed Under: Ad Hoc Arbitration, International Arbitration, International Arbitration Institutions, International Arbitration Law

Appealing International Arbitration Awards

02/04/2023 by Aceris Law LLC

Appealing an International Arbitration Award

Most arbitration rules do not allow parties to lodge an appeal to an arbitration award in international arbitration. Thus, the selection of an appropriate arbitral tribunal and experienced arbitration counsel is critically important, as the facts and the law cannot generally be reheard. Awards can be annulled (meaning that the arbitration must be recommenced) or […]

Filed Under: International Arbitration, International Arbitration Institutions

Document Production in International Arbitration

19/03/2023 by Aceris Law LLC

Document Production International Arbitration

Document production is one of the most controversial yet essential steps in international arbitration. Since cases are generally decided based on documents rather than oral testimony, document production can be a powerful tool for discovering evidentiary material crucial to winning an arbitration.[1] It is not surprising that arbitral proceedings commonly include a document production phase. […]

Filed Under: Ad Hoc Arbitration, Document Production in Arbitration, France Arbitration, ICC Arbitration, International Arbitration, UNCITRAL Arbitration, UNCITRAL Model Law, United Kingdom Arbitration, United States Arbitration

UNIDROIT Principles and International Commercial Arbitration

25/02/2023 by Aceris Law LLC

UNIDROIT Principles Arbitration

Parties to a contract do not tend to agree on the application of the domestic law of the other. They usually choose a “neutral law”, the law of a third country. However, this choice often leads to apparent inconveniences since the chosen law is foreign to both parties. Indeed, understanding its content may require time-consuming […]

Filed Under: International Arbitration, International Trade

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

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