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 […]
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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 […]
Aceris Law Resolves Large Dispute Concerning Eco-Tourism Project in France via ICC Mediation
Aceris Law is pleased to announce that it has assisted another client in resolving another long-running international dispute via ICC mediation, without the need to resort to more costly and time-consuming ICC arbitration. Aceris Law often assists clients in resolving international disputes via mediation, which can be done even if an international arbitration is already […]
International Arbitration in Mexico
It is undisputed that certain deficiencies of the Mexican judicial system have sparked the need for developing and consolidating new alternative dispute resolution mechanisms such as international arbitration in Mexico. Mexico’s increasing multilateral trade, transnational dealings, disputes, as well as its international business community, have steered businesses to opt for incorporating international arbitration clauses into […]
International Commercial Arbitration in Ireland
Ireland is legally well-equipped to prosper as a seat for international arbitration: it offers a familiar applicable law based on the 2006 UNCITRAL Model Law (i.e., the Irish Arbitration Act 2010), a court system supportive of arbitration, an English-speaking, common law legal system similar to that of England and, as a signatory to the New […]
