The enforcement of arbitral awards against sovereign states in the United States is governed by a carefully structured statutory framework rooted in the New York Convention, and its implementation through Chapter 2 of the Federal Arbitration Act and the Foreign Sovereign Immunities Act of 1976 (FSIA). An arbitral award, although binding, does not automatically carry […]
News
What Options Remain for Investor-State Arbitration Under the ECT?
This note deals with the current legal framework of investor-State arbitration under the Energy Charter Treaty (the “ECT”). The landscape of the application of the ECT has become blurry after several major developments in recent years: withdrawals, modernisation of the ECT, not to mention the impact of the Komstroy decision,[1] which has by no means […]
London Commercial Court: ICSID Awards Are Not Assignable (Operafund v Spain)
In Operafund Eco-Invest SICAV Plc and Schwab Holding AG v Kingdom of Spain [2025] EWHC 2874 (Comm), the English Commercial Court held that awards rendered under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”) or the Energy Charter Treaty 1994 (“ECT”) are not assignable to third […]
UNCITRAL Code of Conduct for Arbitrators
The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution (the “UNCITRAL Code of Conduct”) recalibrates ethical expectations in investor-state dispute settlement. Adopted in 2023 under UN General Assembly Resolution 78/105 after six years of work in UNCITRAL Working Group III, it is a voluntary soft law instrument.[1] Accordingly, it sets recommended standards […]
Onshore UAE Pro-Arbitration Court Decisions 2024-2025
The UAE’s arbitration landscape continues to mature, and recent Court of Cassation decisions from 2024 and 2025 show that the onshore courts are actively supporting that trajectory. Three themes stand out. First, the courts are increasingly protecting the arbitral process from judicial interference, most notably by confirming that interim measures issued by tribunals cannot be […]
What’s In a Name? “Arbitration” and the NFL Commissioner’s Authority Under the FAA
Few areas of US law are as committed to enforcing private dispute resolution as the Federal Arbitration Act (“FAA”). Since its enactment in 1925, the FAA has required courts to treat written arbitration agreements as “valid, irrevocable, and enforceable,” and it has repeatedly been invoked to pre-empt state laws or judicial doctrines perceived as hostile […]
William Kirtley Named a Thomson Reuters Stand-out Lawyer 2026
Aceris Law is pleased to announce that William Kirtley has been named a Thomson Reuters Stand-out Lawyer 2026, an independent recognition based entirely on direct client nominations. The Thomson Reuters Stand-out Lawyers research identifies lawyers who are singled out by clients for excellence in service, strategic insight, and overall performance. Unlike directory submissions or peer […]
ICJ Climate Advisory Opinion
On 23 July 2025, the International Court of Justice (ICJ) delivered its long-awaited Advisory Opinion Obligations of States in Respect of Climate Change.[1] The opinion is widely described as a “landmark”[2] because it does two things at once: (i) it clarifies what international law already requires of States on climate change, across multiple legal regimes, […]
UK Litigation Funding After PACCAR: The Court of Appeal’s Sony v. Neill Reset and the Legislative Waiting Game
On 4 July 2025, the UK Court of Appeal delivered what the litigation funding sector had been waiting for: a practical ruling on the enforceability of litigation funding agreements (“LFAs”).[1] In Sony Interactive Entertainment Europe Ltd & another v. Alex Neill Class Representative Ltd (and related appeals involving Visa, Mastercard and Apple) (“Sony v. Neill”), […]
