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, […]
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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 […]
Aceris Law Successfully Resolves Another Arbitration Under the Swiss Rules of International Arbitration
Aceris Law is pleased to announce the successful resolution of an arbitration case for another of our clients, based in the UAE, in the construction industry. The dispute, which was governed by the laws of Switzerland, concerned defects in construction work being carried out in Egypt and payment disputes, and it was resolved under the […]
Aceris Law Succeeds in ICC Arbitration under Russian Law
We are pleased to announce that our firm has recently won an International Chamber of Commerce (ICC) arbitration involving a construction dispute under Russian law. The dispute arose over delays in a construction project in Moscow. It concerned penalties that were imposed by the Respondent against the Claimant in order to set-off amounts that were […]
Procedural Timetable under the ICC Rules
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 […]
