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United States Arbitration

Security for Claims in International Arbitration – Preble-Rish Haiti v. BMPAD

28/08/2021 by Aceris Law LLC

Security for payment international arbitration

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 […]

Filed Under: Ad Hoc Arbitration, Enforcement of Arbitration Awards, Security, United States Arbitration

ICDR 2021 Rules Amendments

06/03/2021 by Aceris Law LLC

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] […]

Filed Under: ICDR Arbitration, United States Arbitration

Depositions in International Arbitration

08/10/2020 by Aceris Law LLC

Deposition 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 […]

Filed Under: ICDR Arbitration, United States Arbitration

Aceris Law Successfully Resolves Dispute in Solar Industry

19/09/2020 by Aceris Law LLC

Solar Panel Arbitration

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 […]

Filed Under: About Aceris, United States Arbitration, William Kirtley

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

Aceris Law Successfully Resolves ICC Arbitration Involving the Cryptocurrency Industry

08/04/2020 by Aceris Law LLC

Cryptocurrency arbitration

The international arbitration boutique Aceris Law is pleased to announce that it has successfully resolved another dispute for another client, this time an arbitration concerning the cryptocurrency industry. Cryptocurrency arbitrations remain rare, but are likely to grow over the coming years as blockchain-related technologies become more mainstream. Cryptocurrencies are digital assets that serve as a […]

Filed Under: About Aceris, Cryptocurrency Arbitration, ICC Arbitration, United States Arbitration, William Kirtley

The United States District Court for the District of Columbia Confirms Enforcement of the Award in Micula

15/11/2019 by Aceris Law LLC

Micula Arbitration

On 11 September 2019, the District Court of Columbia confirmed a 2013 ICSID award in favour of Mr. Ioan Micula and the companies in which he had invested. Romania repealed economic incentives the Micula brothers had relied upon when making investments in 1998. In 2013, an ICSID arbitral tribunal rendered an award in favour of […]

Filed Under: United States Arbitration

Confidentiality in International Arbitration: Obligations Under English, French and U.S. Laws

22/09/2019 by Aceris Law LLC

Confidentiality in International Arbitration

Confidentiality is often regarded as one of the core advantages of international arbitration. For instance, confidentiality reduces disclosure of sensitive information and the influence of public opinion.[1] Confidentiality is to be distinguished from privacy, which concerns the fact that only parties to the arbitration agreement may attend hearings and participate in arbitral proceedings.[2] Privacy prevents interference from […]

Filed Under: France Arbitration, London Arbitration, United States Arbitration

International Arbitration Agreements and Kompetenz-Kompetenz: A Comparative Perspective Between USA and France

09/08/2019 by Aceris Law LLC

The Kompetenz-Kompetenz doctrine presumes that an international arbitral tribunal has jurisdiction to assess and decide its own jurisdiction. Legal systems adopt different approaches to the Kompetenz-Kompetenz principle. National arbitration legislation varies regarding the versions of the Kompetenz-Kompetenz principle adopted.[1] The principle involves two types of effects. The positive effect of Kompetenz-Kompetenz is that the arbitral […]

Filed Under: France Arbitration, International Arbitration, United States Arbitration

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