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United States Arbitration

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 Romania repealed economic incentives the Micula brothers had relied upon when making investments in 1998.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

Enforcement of Arbitral Awards against State Assets: Sovereign Immunity in the United States

07/08/2019 by Aceris Law LLC

The main issue related to enforcement of an arbitral award against a State in the United States is the State’s sovereign immunity. Under the Foreign Sovereign Immunities Act (“FSIA”), foreign sovereigns enjoy immunity from jurisdiction, a presumptive immunity from suit in U.S. federal and state courts, and immunity from execution, whereby their property is immune […]

Filed Under: Enforcement of Arbitration Awards, Investment Arbitration, United States Arbitration

Intra-EU Arbitrations and the Enforcement of ICSID Awards in the United States: the Impact of Achmea

08/05/2019 by Aceris Law LLC

the Impact of Achmea

The ICSID Convention requires signatories to treat arbitral awards rendered according to the ICSID framework as if they were a final judgment of a court in that State.[1] To challenge an award, the claimant shall seek review within the ICSID arbitral regime, rather than before State courts.[2] To implement the Convention, the U.S. Congress in […]

Filed Under: Enforcement of Arbitration Awards, ICSID Arbitration, United States Arbitration

Economic Sanctions in International Arbitration

12/09/2018 by Aceris Law LLC

Issues concerning economic sanctions in international arbitration frequently arise. Economic sanctions are a commonly-used tool of foreign policy which can have a significant impact on the performance of parties’ contractual rights and obligations. While there are many ways in which economic sanctions may interfere with international arbitration, we will focus on the issue of the […]

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

Aceris Achieves American Clients’ Objectives in ICDR Arbitration

19/08/2018 by Aceris Law LLC

ICDR Arbitration Lawyers Succeed

Aceris Law has again achieved the outcome sought by its clients, this time in an ICDR arbitration between European claimants and Aceris’ American clients.  The ICDR arbitration, initiated by European claimants represented by a large corporate firm, were brought against Aceris’ clients and concerned claims of fraudulent misrepresentation, fraud in the inducement, negligent misrepresentation and unjust […]

Filed Under: About Aceris, Cost-Efficient Arbitration, ICDR Arbitration, United States Arbitration, William Kirtley

Aceris Successfully Resolves ICDR Arbitration for Canadian Respondent

12/01/2018 by Aceris Law LLC

Aceris Law ICDR Arbitration Canada Settlement

Aceris Law has assisted another Canadian client in obtaining the successful resolution of an ICDR arbitration brought against it. The ICDR arbitration, initiated by a Fortune 500 American electronic commerce company against the Canadian respondent, concerned alleged illegal acts under U.S. federal law, alleged violations of Washington State law and claims of breach of contract. Following […]

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

Arbitral Tribunals and Discovery of Evidence in the US

24/11/2017 by Aceris Law LLC

Discovery International Arbitration

Introduction This blog focuses on a developing yet difficult legal question: what is the relationship between US courts and assisting international arbitral tribunals in obtaining evidence through discovery procedures? In building evidence to support a case, one may consider making a request for discovery in local US courts, if applicable. This can be done under […]

Filed Under: Arbitrators, International Arbitration, United States Arbitration

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