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United Kingdom Arbitration

How to Make a Valid Appointment Under an Arbitration Agreement

07/08/2022 by Aceris Law LLC

Appointment arbitration agreement

The appointment of an arbitrator is a critical step in any arbitration. The advantages of arbitration depend, to a large extent, on the persons appointed as arbitrators. In other words, while the same dispute may be resolved in a satisfactory and efficient way, it might turn into a lengthy and costly proceeding with a questionable […]

Filed Under: Shipping Arbitration, United Kingdom Arbitration

Escalation Clauses in International Arbitration: The English Approach

21/12/2021 by Aceris Law LLC

Escalation in international arbitration

Escalation clauses (or multi-tier dispute resolution clauses) are commonly found in commercial contracts. These clauses may spell out different preconditions and procedures when seeking to resolve disputes.[1] Typically, the parties are required to attempt, within a specific time period, an amicable settlement or to enter into negotiations in order to avoid arbitration or litigation. Sometimes […]

Filed Under: England Arbitration, United Kingdom Arbitration

M&A Arbitration

28/08/2021 by Aceris Law LLC

MA International Arbitration Disputes

In recent years, arbitration has become the preferred method of resolving M&A disputes. While the global market shows steady signs of recovery, arbitration is considered an effective means to resolve disputes involving M&A transactions in a wide range of sectors, such as the financial, healthcare, education, energy and technology sectors.[1] Disputes in M&A Transactions M&A […]

Filed Under: Cost-Efficient Arbitration, M&A Arbitration, United Kingdom Arbitration

Demurrage Claims in International Arbitration

18/06/2021 by Aceris Law LLC

Demurrage international arbitration

International arbitrations in the field of shipping and sales often include demurrage claims (“surestaries” in French) which constitute, using the expression of Professor Debattista,  “the staple diet of shipping lawyers the world over”.[1] Although it is rarely defined in charterparties or sale contracts which usually provide for its rate only, the Baltic Code (2020) defines […]

Filed Under: France Arbitration, Shipping Arbitration, United Kingdom 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

Does an Arbitration Clause Survive the Termination of a Contract?

15/08/2020 by Aceris Law LLC

Termination-of-a-contract-arbitration-clause

An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]

Filed Under: Commercial Arbitration, France Arbitration, United Kingdom Arbitration, United States Arbitration

Arbitration in the United Kingdom: The 1996 Arbitration Act

08/05/2020 by Aceris Law LLC

Arbitration in United Kingdom

Technically, there two different acts for the arbitration in the UK. The 1996 Arbitration Act, governing  arbitration in England, Wales and Northern Ireland, and the Arbitration (Scotland) Act 2010, which came into force on 7 June 2010. Despite the uncertainties of Brexit, London remains one of the widely-used seats of international arbitration. English courts have […]

Filed Under: United Kingdom Arbitration

COVID-19, Force Majeure and Arbitration

19/03/2020 by Aceris Law LLC

COVID-19-force-majeure-and-international-arbitration

It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]

Filed Under: China Arbitration, France Arbitration, United Kingdom Arbitration

Arbitration Award Enforced in England Despite Evidence of Fraud

03/04/2018 by Aceris Law LLC

Arbitration Award Enforced in England Despite Evidence of Fraud

The New York Convention compels its 157 contracting Parties to enforce arbitration awards: “A New York Convention award may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”. This enforcement requirement, found in Section 101 of the Arbitration Act 1996, is however […]

Filed Under: Award on Costs, Enforcement of Arbitration Awards, International Arbitration, United Kingdom Arbitration

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