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 […]
United States Arbitration
GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011
In this NAFTA case, Claimants included Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, Messrs. Jerry Montour and Kenneth Hill (Canadian nationals) and Mr. Arthur Montour, Jr., of Seneca Nations Territory, Perrysburg, New York. The Claimants filed arbitration claims against several States of the USA […]
BG GROUP PLC. V. REPUBLIC OF ARGENTINA – CASE NO. U.S. 12-138 (2014) – U.S. SUPREME COURT
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 […]
Aceris Successfully Resolves International Arbitration under California Law
Aceris Law has assisted a Filipino respondent in obtaining the successful resolution of a JAMS international arbitration under California law brought against it. The JAMS arbitration, initiated by a U.S. public company specialising in computer network infrastructure, was brought against the Filipino company in relation to alleged breaches of a contract. The arbitration involved parallel […]
The Presumption of Separability in International Arbitration
The presumption of separability in international arbitration means that the validity of an international arbitration agreement is separate and analyzed independently from the rest of a contract. It may be the case that only the arbitration agreement itself is valid while the rest of the contract is not, or vice versa. This presumption is recognized […]
Denial of Justice in Investment Arbitration – Claims Commission, L.FAY H. NEER AND PAULINE NEER (USA) V. UNITED MEXICAN STATES
The famous case Neer v. United Mexican States set a standard of treatment with respect to denial of justice, fair and equitable treatment and the minimum standard of treatment in international law, which is still relevant and largely applied and relied upon today in investment arbitrations. This decision was rendered on 15 October 1926 by […]
Bias in International Arbitration
One of the most acclaimed aspects of international arbitration is its neutrality, but charges of bias in international arbitration are frequent. Arbitrators constituting an international tribunal must be independent and free from any bias. In case of doubt, any party can challenge the independence of an arbitrator after being appointed. Bias can be real, which […]
Inter-American Convention on International Commercial Arbitration (The Panama Convention)
The 1975 Inter-American Convention on International Commercial Arbitration, also known as the “Panama Convention“, is a significant multilateral agreement of which not all in the arbitration community are aware. The Convention was open to signature by all 35 Members of the Organization of American States (OAS) and entered into force on 16 June 1976. This […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
