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Termination of Construction Contracts

10/10/2022 by Aceris Law LLC

Termination construction contract

The termination of a construction contract is one of the most powerful remedies an employer has against a contractor, especially when the contractor is in default.[1] There are numerous different situations in which the employer or, less frequently, the contractor, might have to resort to contract termination. Most commonly, a party resorts to termination due […]

Filed Under: Construction Arbitration

Arbitration in Hungary

02/10/2022 by Aceris Law LLC

Arbitration in Hungary is governed by Act LX of 2017 on Arbitration (the “Arbitration Act”), which replaced Act No. LXXI of 1994 on Arbitration. The old arbitration act followed the principles set out in the 1985 UNCITRAL Model Law and therefore one of the main reasons for the review and recreation of the act on […]

Filed Under: Hungary Arbitration

French Court of Appeal Rules on Parties’ Waiver in ICC Arbitration

23/09/2022 by Aceris Law LLC

Waiver ICC Arbitration

The French Court of Appeal has recently outlined the scope of parties’ waiver in arbitration. In Antrix Corp Ltd v. Devas Multimedia P. Ltd, the International Commercial Chamber of the Paris Court of Appeal held that Antrix did not waive its right to rely on a procedural irregularity, raised before the ICC International Court of […]

Filed Under: France Arbitration, ICC Arbitration

Who Pays the Costs of International Arbitration?

18/09/2022 by Aceris Law LLC

Who Pays Costs Of Arbitration

One question frequently and legitimately asked by parties is who pays the costs of international arbitration. Most procedural arbitration laws and rules provide wide discretion to arbitral tribunals to allocate costs. There are, generally, two overriding internationally accepted principles for allocating costs, i.e., the English “costs should follow the event” rule, which requires the losing […]

Filed Under: Cost-Efficient Arbitration

Expedited Arbitration Under the ICC Rules

11/09/2022 by Aceris Law LLC

Expedited Arbitration Rules

The introduction of the ICC Expedited Arbitration Procedure Rules (“Expedited Procedure Rules”) was one of the main innovations of the 2017 amendments to the ICC Arbitration Rules. Expedited arbitration differs from a standard arbitration proceeding, as it provides a simplified procedure, with the goal of diminishing time and costs while promoting efficiency in international arbitration. […]

Filed Under: ICC Arbitration

International Arbitration in the Czech Republic (Czechia)

07/09/2022 by Aceris Law LLC

Arbitration Czech Republic

Civil and commercial arbitration in the Czech Republic is governed by Act No. 216/1994 Coll. on Arbitral Proceedings and Enforcements of Arbitral Awards (the “Arbitration Act”), which replaced a former 1963 Arbitration Act. Contrary to many national arbitration laws, the Arbitration Act is not based on the UNCITRAL Model Law. For instance, contrary to the […]

Filed Under: Czechia Arbitration, International Arbitration

William Kirtley and Isabela Monnerat Mendes Comment on French Court of Appeal’s Decision on Parties’ Waiver to Jurisdictional Challenge to ICC Arbitration

03/09/2022 by Aceris Law LLC

LexisNexis William Kirtley Isabela Monnerat Mendes

In a recently-published article by LexisNexis, William Kirtley and Isabela Monnerat Mendes provide an analysis of the French Court of Appeal’s decision rendered in Antrix Corp Ltd v. Devas Multimedia P. Ltd. The Court of Appeal, deciding on referral from cassation, rejected the appellant’s objection that an ICC arbitral tribunal was improperly constituted and lacked […]

Filed Under: About Aceris, Isabela Monnerat Mendes, William Kirtley

The Duration of Arbitration

31/08/2022 by Aceris Law LLC

Time and Duration LCIA Arbitration

The duration of arbitration, in addition to its cost, is an important factor claimants take into account when determining whether to start arbitration proceedings in the first place, and respondents take into account when determining whether a matter should be resolved through negotiations. A supposedly shorter duration of arbitration proceedings is one of the commonly […]

Filed Under: International Arbitration

Arbitration in Lebanon: Enforcing Arbitration Awards

31/08/2022 by Aceris Law LLC

Arbitration in Lebanon

This note focuses upon the final stage of arbitration proceedings, which involves the recognition and enforcement of an arbitration award, either domestic, international or foreign, in Lebanon. Arbitration in Lebanon is regulated by the Lebanese Arbitration Law, which has been codified into the Lebanese Code of Civil Procedure (“CCP”) through the enactment of Legislative Decree […]

Filed Under: Lebanon Arbitration

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