In commercial disputes, parties often choose arbitration as an alternative method of resolving their disputes outside of traditional court proceedings. Despite the existence of an arbitration agreement, it is widely accepted that a party’s right to arbitrate may be waived by either an explicit contractual provision or its subsequent conduct. The courts have taken different […]
News
Arbitration in Taiwan
Due to its unique geopolitical situation, Taiwan is not a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Nevertheless, Taiwan has developed an arbitration-friendly legal framework. Arbitration in Taiwan is governed by the Arbitration Law of the ROC promulgated on 24 June 1998 and effective as […]
Armed Conflict and Investment Arbitration
With the saddening developments in Ukraine, the implication of investment arbitration in the context of armed conflict has become one of the hottest topics in the arbitration community. On 10 May 2023, the Abu Dhabi Global Market (ADGM) and the International Centre for Settlement of Investment Disputes (ICSID) hosted a joint conference on armed conflict […]
How to Commence an ICC Arbitration
Your company could not find a way to resolve a dispute it has with its business partner, and its agreement contains an ICC arbitration clause? Then, it may be time to commence an ICC arbitration. Commencing an ICC arbitration is not hard to do. Arbitration Clause to Commence an ICC Arbitration In order to commence […]
Arbitration and the Democratic Republic of the Congo
Arbitration is an important mechanism for resolving disputes in the Democratic Republic of the Congo. The Democratic Republic of the Congo has a history of political instability, armed conflicts, and internal strife. In this context, arbitration can provide a stable, neutral, and efficient means of resolving disputes between parties. As a vast (the eleventh-largest country […]
How to Remove an Arbitrator from an Ongoing Arbitration
The parties to arbitration proceedings may become dissatisfied or have doubts regarding the ability and neutrality of a chosen arbitrator. While there are many very good arbitrators, there are some who are biased or simply incompetent. However, it can be fiendishly difficult to dislodge even a very poorly performing arbitrator once he or she has […]
Aceris Law Defeats Claims in Another ICC Arbitration under English Law
Aceris Law, a leading international arbitration boutique law firm, has once again defeated claims in an ICC arbitration under English law. Aceris Law is laser-focused on resolving international disputes through arbitration and mediation, and overseeing the enforcement of arbitral awards internationally. Aceris Law successfully defended an Italian client in a high-stakes International Chamber of Commerce […]
International Arbitration in Italy: 2022 Amendments
Given the well-known duration of Italian court proceedings, arbitration is an appealing alternative for resolving disputes subject to Italian law. International arbitration in Italy is governed by the Italian Code of Civil Procedure – Book IV, Title VIII, Articles 806-840 (“CPC” or “Italian arbitration law”). Even though the arbitration rules provided in the CPC are […]
التحكيم التجاري الدولي
لقد تم إبرام العديد من الإتفاقيات الدولية المتعلقة بالتحكيم وكذا الهيئات التحكيمية، كما صدرت إتفاقية نيويورك 1958 بشأن الإعترافات بقرارات التحكيم الأجنبية وتنفيذها ثم تلاها إتفاقية واشنطن 1965 بشأن تسوية المنازعات الناشئة عن الإستثمار بين الدول ورعاية الدول الأخرى إضافة إلى لجنة الأمم المتحدة التي أصدرت قانوناً نموذجياً للتحكيم التجاري الدولي في 1985 وهو ما […]
