The Stockholm Chamber of Commerce (“SCC”) has released revised versions of its arbitration and other dispute resolution rules, which came into force on 1 January 2023, increasing the administrative costs of SCC arbitration, amongst other changes discussed below: the 2023 SCC Arbitration Rules; the 2023 SCC Schedule of Costs; the 2023 SCC Expedited Arbitration Rules; […]
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The Standard of Proof in Arbitration
In The Burden of Proof in Arbitration, a distinction was made between the burden of proof, defined as “the duty of proving a disputed assertion or charge”, and the standard of proof, which “determines the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding”, according to […]
Aceris Law Successfully Resolves Another Arbitration Under the Swiss Rules of International Arbitration
Aceris Law is pleased to announce the successful resolution of an arbitration case for another of our clients, based in the UAE, in the construction industry. The dispute, which was governed by the laws of Switzerland, concerned defects in construction work being carried out in Egypt and payment disputes, and it was resolved under the […]
Aceris Law Succeeds in ICC Arbitration under Russian Law
We are pleased to announce that our firm has recently won an International Chamber of Commerce (ICC) arbitration involving a construction dispute under Russian law. The dispute arose over delays in a construction project in Moscow. It concerned penalties that were imposed by the Respondent against the Claimant in order to set-off amounts that were […]
Procedural Timetable under the ICC Rules
The procedural timetable is a procedural tool used by the parties to set timelines and deadlines for the arbitration proceeding. The procedural timetable is established by agreement of the parties during the case management conference and is subject to the approval of the arbitral tribunal. The 2021 ICC Arbitration Rules (“ICC Rules”) expressly set forth the […]
Conservative and Interim Measures in ICC Arbitration
Conservative and interim measures (sometimes called provisional measures) represent an important tool in international arbitration designed to protect the parties’ interests while awaiting the resolution of their dispute via a final award. These measures may often appear essential “[o]wing to the time gap between the commencement of the arbitration, the substantive hearing and the final […]
The Choice Between One and Three Arbitrators
The choice between one and three arbitrators is an important decision parties do not always pay attention to when drafting arbitration clauses, or even once a dispute has arisen. The choice of who will sit on the panel, including whether it will be a sole arbitrator or a three-member tribunal, is one of the most […]
Aceris Law Comments on Nantong Deep Sea Fisheries Co Ltd v Cristal Fish SA, RG n° 21/04655
Aceris Law (William Kirtley and Seda Dundar) have commented on the French Court of Appeal decision in Nantong Deep Sea Fisheries Co Ltd v Cristal Fish SA, RG n° 21/04655 for LexisNexis. The case is interesting insofar as it provides guidance regarding applications to annul arbitral awards in France on the ground that the arbitral […]
The Burden of Proof in Arbitration
According to the Merriam-Webster Dictionary, the burden of proof is “the duty of proving a disputed assertion or charge.” It is not to be confused with the standard of proof, which determines “the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding.” Even though both can […]