In international arbitration, security for claims, also called security for payment,[1] belongs to a category of interim or provisional measures that can be sought prior to the issuance of the final award. If granted by the arbitral tribunal, it consists in “a kind of advance payment designated to guarantee the payment and/or enforcement of the […]
ICDR 2021 Rules Amendments
The rules of the International Centre for Dispute Resolution (“ICDR”) of the American Arbitration Association (“AAA”) entered into force in 1998. They were first revised in 2014. Seven years later, the ICDR issued a revised set of rules effective on 1 March 2021. In line with the recent revisions of institutional arbitration rules in Europe,[1] […]
Depositions in International Arbitration
Depositions in international arbitration are rare but do occur. A deposition is defined as “[a] witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes”.[1] While depositions are generally associated with American pre-trial discovery, they are called for in a surprising number of […]
Aceris Law Successfully Resolves Dispute in Solar Industry
Aceris Law is pleased to announce that it has successfully resolved another long-running international dispute, in the solar industry, between American and East Asian businesses. The dispute, which was subject to various laws of the United States, concerned a joint venture to produce solar panels and involved disputed exclusivity provisions, intellectual property disputes, disputed non-compete […]
Does an Arbitration Clause Survive the Termination of a Contract?
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 […]