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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

New English-Speaking Commercial Court in Paris

23/03/2018 by Aceris Law LLC

Commercial Court Paris

On 1 March, a new appeals court in Paris opened its chamber doors. Similar to courts in other EU cities,[1] this commercial court resolves international commercial disputes using English and common law practices. It also hears appeals from the lower commercial court[2] involving foreign businesses or foreign law. It also expects to ultimately oversee arbitration award enforcement […]

Filed Under: Commercial Arbitration, France Arbitration, United Kingdom 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

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

Enforcement of an ICSID Arbitration Award in the United Kingdom and EU Law

12/06/2017 by Aceris Law LLC

Enforcement of an ICSID Arbitration Award in the United Kingdom

The enforcement of an ICSID investment arbitration award in the United Kingdom can be a complex matter, especially when doing so would arguably violate EU law. In January 2017, the UK High Court delivered a judgement to stay enforcement proceedings of the final ICSID award in the case of Ioan Micula and others v Romania, […]

Filed Under: Bilateral Investment Treaty, ICSID Arbitration, Investment Arbitration, Romania Arbitration, Sweden Arbitration, United Kingdom 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

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

BG GROUP PLC. V. REPUBLIC OF ARGENTINA – CASE NO. U.S. 12-138 (2014) – U.S. SUPREME COURT

20/05/2017 by Aceris Law LLC

BG GROUP PLC. V. REPUBLIC OF ARGENTINA

In this dispute, the Claimant was part of a consortium owning majority shares in MetroGas, for the distribution of natural gas in Buenos Aires. Before the 2001 financial crisis, Argentinean law provided that gas tariffs were calculated in US dollars for profitable returns. However, the crisis led to emergency measures, one of which implemented a […]

Filed Under: Argentina Arbitration, Award on Costs, Bilateral Investment Treaty, Damages in Arbitration, International Arbitration, UNCITRAL Arbitration, United Kingdom Arbitration, United States Arbitration

SAINT-GOBAIN PERFORMANCE PLASTICS EUROPE V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE NO. ARB/12/13) – DECISION ON PROPOSAL TO DISQUALIFY ARBITRATOR of 27 February 2013

19/05/2017 by Aceris Law LLC

SAINT-GOBAIN PERFORMANCE PLASTICS EUROPE V. THE BOLIVARIAN REPUBLIC OF VENEZUELA

On 25 May 2012, Saint-Gobain Performance Plastics Europe filed a request for arbitration against the Bolivarian Republic of Venezuela for breaches to the Agreement on Encouragement and Reciprocal Protection of Investments between France and Venezuela of 15 April 2004. After appointment of the arbitrators by each party, Claimant filed for the disqualification of the arbitrator […]

Filed Under: Arbitration Clause, France Arbitration, ICSID Arbitration, International Arbitration, United Kingdom Arbitration, Venezuela Arbitration

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