Construction delay disputes are rarely straightforward. A project may finish months behind schedule, but that fact alone does not reveal which event caused the critical delay, which party bore the relevant risk, or what remedy should follow. The contractor may claim an extension of time and prolongation costs, while the employer seeks liquidated damages for […]
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Jurisdiction Ratione Temporis: When Does Treaty Protection Apply?
An investment treaty does not confer jurisdiction over every dispute merely because arbitration is commenced while the treaty is in force. Jurisdiction ratione temporis in investment treaty arbitration determines whether the challenged State conduct and, where the treaty so provides, the dispute itself fall within the treaty’s temporal scope. Temporal issues commonly arise, for instance, […]
Aceris Law Secures Decisive Victory in ICC Arbitration Concerning U.S. Patent Rights and Licensing Terms
A final award dismissed every claim brought against Aceris Law’s client, rejected substantial claims for patent damages and royalties, upheld two of the client’s counterclaims and ordered the claimant to reimburse more than 90% of the client’s legal, expert and arbitration costs in a multimillion-dollar ICC arbitration. Aceris Law is pleased to announce a decisive […]
A FRANDly Forum? The Growing Role of Arbitration in SEP Disputes
Standard-essential patent (“SEP”) disputes expose a fundamental mismatch between territorial patent rights and global technology markets. Although patents are granted and enforced nationally, the standards they protect, and the products that implement those standards, operate across borders. A single licensing disagreement may therefore trigger parallel infringement, validity and fair, reasonable and non-discriminatory (“FRAND”) rate-setting proceedings […]
LSG Building Solutions v. Romania: Annulment Is Not an Appeal
On 18 February 2026, an ad hoc committee constituted under the ICSID Convention (the “Committee”) unanimously dismissed Romania’s application for annulment of the Award rendered in an arbitration brought by LSG Building Solutions GmbH and nine other claimants (the “Claimants”). Annulment is a limited form of review for specific fundamental defects. It is not an […]
Aceris Secures Successful Resolution of Cross-Border Technology Dispute Under New Zealand Law
Aceris Law is pleased to announce that it has secured another favourable outcome for an international technology company in a cross-border dispute arising from a multi-year software licensing and services agreement. The dispute had remained unresolved for more than a year before Aceris Law was instructed. The agreement was governed by New Zealand law and […]
Corruption in International Arbitration: Arbitrators’ Duties, Red Flags and Sanctions
Corruption in international arbitration is an important issue for parties, counsel, arbitrators and arbitral institutions. Nina Jankovic, Counsel at Aceris Law, participated in the Ravenna Summer School on Cross-Border Litigation and International Arbitration in Ravenna, Italy, speaking as part of a roundtable on the duties and obligations of arbitrators and arbitral institutions. Her remarks focused […]
When an Arbitral Award Becomes State Aid
An arbitral award is usually expected to bring a dispute to an end. Within the European Union, however, an award against a Member State or a public entity may open an entirely new front: whether its payment or enforcement would amount to unlawful State aid under Articles 107 and 108 of the Treaty on the […]
Moral Damages in Investor-State Arbitration after Emergofin
In Emergofin B.V. and Velbay Holdings Ltd. v. Ukraine, the Tribunal rejected the claim for moral damages from the outset. It did not treat moral damages as only a question of evidence or valuation; the Tribunal went further and held that the claim fell outside its jurisdiction or, alternatively, was inadmissible.[1] The Award incorporates the […]
