Switzerland is among the most preferred seats for arbitration, as revealed by an international Survey from 2018.[1] Its attractivity stems from factors such as its political neutrality, the well-established legal framework, the qualified arbitration practitioners, and its efficient institutions. Some key points relevant to the choice of Switzerland as a seat of arbitration will be […]
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UNIDROIT Principles and International Commercial Arbitration
Parties to a contract do not tend to agree on the application of the domestic law of the other. They usually choose a “neutral law”, the law of a third country. However, this choice often leads to apparent inconveniences since the chosen law is foreign to both parties. Indeed, understanding its content may require time-consuming […]
Aceris Law Wins Another SIAC Arbitration Under English Law
Aceris Law is pleased to announce that its arbitration lawyers have recently won another Singapore International Arbitration Centre (“SIAC”) arbitration, this time for a Middle Eastern client against an Indian company. The case arose from a sales contract for multiple cargos of an industrial chemical and was governed by English law. Aceris Law replaced prior […]
ICSID Expedited Arbitration
One of the innovative features of the new ICSID Arbitration Rules, in force as of 1 July 2022 (the “2022 ICSID Arbitration Rules”), figures in Chapter XII, which allows parties to opt into ICSID expedited arbitration. The principal purpose of the ICSID expedited procedure is to reduce the length of ICSID arbitration proceedings and, thus, […]
Enforcement of Emergency Arbitration Decisions
Many leading arbitration institutions have adopted rules containing provisions regarding emergency arbitrators. Although the applicability of these types of provisions has been widely discussed, there is still little experience, especially regarding the enforcement of such decisions against a recalcitrant party. What Is Emergency Arbitration? The most widely used definition of emergency arbitration defines it as […]
Assignment of Arbitration Agreements
The assignment of a contract containing an arbitration agreement to a third party raises several questions.[1] The first question is whether the arbitration agreement is automatically transferred.[2] If so, what is the legal basis for such a transfer?[3] Other issues concern the validity of the assignment of the main contract itself and whether evidence of […]
International Arbitration in Sweden
International arbitration has a long-standing tradition in Sweden. As an arbitration-friendly jurisdiction, Sweden has traditionally been a popular place of arbitration, especially for parties from the ex-Soviet Union and China when negotiating with their counterparties from the USA, Western Europe and Canada. The reasons for this are historical and date from the Cold War since, […]
New 2023 SCC Arbitration Rules
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; […]
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 […]
