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 […]
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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 […]
LCAM Arbitration
On 26 May 2020, the London Chamber of Commerce and Industry (the “LCCI”) expanded its arbitration and mediation services and launched the London Chamber of Arbitration and Mediation (the “LCAM”). In the past, arbitration clauses containing a reference to the “London Chamber of Commerce” were referred to the London Court of International Arbitration (the “LCIA”) […]
Renewable Energy Arbitration
Climate change is one of the most concerning phenomena in today’s world. One of the tools almost every country is using to combat global warming is to incentivize the use of renewable energy sources, as opposed to the use of fossil fuels. Humanity has relied on fossil fuels without taking into consideration the long-term consequences. […]
Aceris Law Defeats USD 254 Million in Claims in SCC Arbitration
Aceris Law has scored a significant victory for a Southeast Asian client, defeating USD 254 million in claims against a publicly-traded company in the petrochemical industry that threatened the continued existence of the company. The complex dispute, which was resolved following 3 ½ years of SCC arbitration proceedings, notably concerned claims for delay penalties, claims […]
Twilight Issues in International Arbitration
What happens when the arbitration agreement, the lex arbitri, and the law out of which the cause of action arises are silent about the law applicable to issues that are considered to be neither substantive nor procedural? The short answer is that these issues would fall under the category of so-called “twilight issues” in international […]
