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LCIA Arbitration

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 Costs of Arbitration

17/08/2022 by Aceris Law LLC

Cost of arbitration

One of the most common questions claimants have prior to starting arbitration proceedings are the costs of arbitration, whether they can be estimated in advance, and how they can be reduced. The costs of arbitration, in addition to an arbitration’s duration, are an important if not determinative factor in a claimant’s decision whether to start […]

Filed Under: Arbitration, Award on Costs, ICC Arbitration, ICDR Arbitration, LCIA Arbitration, SCC Arbitration, UNCITRAL Arbitration

Provisional Measures in International Arbitration

10/07/2021 by Aceris Law LLC

Conditions for the Granting of Interim Measures (1)

Provisional measures can be an effective instrument to protect parties’ rights in arbitration. Although there is no widely accepted definition, provisional measures are, in general terms, remedies or relief whose purpose is to safeguard parties’ rights. In international arbitration, institutional rules are generally silent as to the standards and principles for the granting of provisional […]

Filed Under: ICC Arbitration, LCIA Arbitration, Provisional Measures, UNCITRAL Model Law

The Timing of Payment of Arbitration Advances on Costs

31/01/2021 by Aceris Law LLC

Timing advance on costs ICC arbitration

The payment of advances on costs in arbitration aims to ensure that an arbitral institution has sufficient funds to cover the payment of arbitrators’ fees and expenses, as well as costs incurred in the administration of arbitral proceedings. The advances on costs paid to arbitral institutions do not include party costs, such as legal fees […]

Filed Under: Cost-Efficient Arbitration, HKIAC Arbitration, ICC Arbitration, LCIA Arbitration, SIAC Arbitration

Drafting an Arbitration Clause in 2021 – Recommendations

10/01/2021 by Aceris Law LLC

Standard ICC Arbitration Clause

Many parties fail to realize that the wording of an arbitration clause is important for arbitration to function smoothly. In practice, one may observe, however, recurrent scenarios where arbitration clauses contain defective wording and, thus, are subject to unnecessary incidents and procedural debates. Such clauses are called “pathological clauses“. They are defined in Fouchard, Gaillard, […]

Filed Under: ICC Arbitration, LCIA Arbitration, SCC Arbitration

Rome I, Rome II, Applicable Law and International Arbitration

29/12/2020 by Aceris Law LLC

Rome-I-Rome-II-Applicable-Law-and-International-Arbitration

The relevance of the Rome I and Rome II Regulations for determining the law applicable to the merits of an international arbitration is a hotly-debated issue. Within the European Union (“EU”), Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (“Rome I”)[1] and Regulation (EC) No. 864/2007 on the law applicable to non-contractual […]

Filed Under: France Arbitration, ICC Arbitration, LCIA Arbitration

Initiating Arbitrations Under Multiple Arbitration Agreements

19/09/2020 by Aceris Law LLC

Multicontract Arbitration

The filing of arbitrations based on multiple arbitration agreements, contained in two (or more) separate contracts, in a single arbitration proceeding may be possible, but must be done with caution. The development of major projects in the fields of engineering, construction, oil and gas, and mining often give rise to situations where related disputes regarding […]

Filed Under: Canada Arbitration, ICC Arbitration, LCIA Arbitration, London Arbitration, SCC Arbitration

Ambitious New 2020 LCIA Arbitration Rules, with an Increase in Costs

22/08/2020 by Aceris Law LLC

LCIA Arbitration Cost Comparison

On 11 August 2020, the LCIA released a surprisingly ambitious update to its Arbitration Rules (the “2020 (LCIA Arbitration) Rules”) and a new Schedule of Arbitration Costs (the “2020 LCIA Schedule of Costs”), increasing the costs of LCIA Arbitration, among other notable changes. The 2020 LCIA Arbitration Rules and the 2020 LCIA Schedule of Costs […]

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

Coronavirus (COVID-19) and Courts: Moving from Litigation to Arbitration?

18/04/2020 by Aceris Law LLC

The global difficulties caused by the coronavirus (COVID-19), various State measures imposing restrictions on the movement of people, social distancing and complete lockdowns, while necessary to protect health, are inevitably having an impact on litigation in national courts, globally. In certain countries courts have had to limit, or to even entirely close, their operations due […]

Filed Under: ICC Arbitration, ICDR Arbitration, ICSID Arbitration, LCIA Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration, Virtual Hearings

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