Aceris Law is pleased to announce that it has secured the targeted outcome representing a respondent East European State Entity in Dispute Adjudication Board (DAB) proceedings followed by negotiations. The DAB proceedings concerned a World Bank-financed project to construct an overhead transmission line that was plagued by numerous problems, including landslides and inadequate protective works. […]
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Limitation Periods for Enforcement of Foreign Arbitration Awards
One of the primary advantages of international arbitration as compared to litigation is the enforceability of arbitration awards internationally. However, the period in which international arbitration awards must be enforced internationally varies drastically depending on the place of enforcement. In the table below (Section IV), we provide a quick reference guide, summarizing the limitation periods […]
Dismissing Stale Claims for Want of Prosecution in International Arbitration
Under English law, if a claimant unreasonably delays the prosecution of its claims, the arbitral tribunal has discretion to dismiss them for “want of prosecution” (or to take less drastic measures to “penalize” the claimant, for instance, in terms of costs, interest or the conduct of the proceedings). Yet, it will normally not do so, […]
International Arbitration in Turkey
International arbitration in Turkey is governed by the International Arbitration Law (Law No. 4686), which entered into force on 5 July 2001.[1] Turkey’s International Arbitration Law was largely modelled on the UNCITRAL Model Law and Chapter 12 of the Swiss International Private Law Act. Domestic arbitration in Turkey, on the other hand, is governed by […]
Reformation of the Dubai International Arbitration Centre
On 21 September 2021, in his capacity as the Ruler of Dubai, Vice President and Prime Minister of the UAE His Highness Sheikh Mohammed bin Rashid Al Maktoum issued Decree No. 34 of 2021 reforming the status of the Dubai International Arbitration Centre (the “DIAC”). Dubai swiftly abolished the DIFC-LCIA Arbitration Centre, as well as […]
Intra-EU Arbitration under the ECT Found Incompatible with EU Law
On 2 September 2021, in Republic of Moldova v. Komstroy, the Court of Justice of the European Union (the “CJEU”) ruled that Energy Charter Treaty (“ECT”) based intra-EU arbitrations were contrary to EU law.[1] Background of the Case Energoalians, a Ukrainian producer initiated, an ad hoc arbitration procedure provided for in Article 26(4)(b) of the […]
Resolving Energy Disputes Through Arbitration
Energy projects are usually long, complex and require a substantial level of capital. Additionally, the sector has significant exposure to geological events, political changes and environmental regulations. For these reasons, disputes are common in the energy sector, and arbitration has become the preferred method of resolving these disputes, particularly at the international level.[1] As noted […]
M&A Arbitration
In recent years, arbitration has become the preferred method of resolving M&A disputes. While the global market shows steady signs of recovery, arbitration is considered an effective means to resolve disputes involving M&A transactions in a wide range of sectors, such as the financial, healthcare, education, energy and technology sectors.[1] Disputes in M&A Transactions M&A […]
Security for Claims in International Arbitration – Preble-Rish Haiti v. BMPAD
In international arbitration, security for claims, also called security for payment,[1] belongs to a category of interim or provisional measures that can be sought prior to the issuance of the final award. If granted by the arbitral tribunal, it consists in “a kind of advance payment designated to guarantee the payment and/or enforcement of the […]
