Human rights law is relevant in the realm of investment arbitration. This does not come as a surprise: both investors and host States may turn to public international law provisions, including human rights treaties, to reinforce their respective positions or to put forward autonomous claims. While little attention was initially given to human rights law […]
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Aceris Law Secures USD 34,539,957 Final Award for American Client in ICDR Arbitration
Aceris Law is pleased to announce that it has secured another favorable arbitration award for a well-deserving client, this time for an American client in a cloud storage-related industry, facing an East Asian party in an ICDR-administered arbitration. While the case is non-public, the arbitration, governed by New York law, concerned issues of American securities […]
Non-Payment of Advances on Costs in Arbitration
The commencement of international arbitration is conditioned by payment of advances on costs, after the payment of a filing fee. Unlike domestic courts, which are publicly-funded, advances on costs are needed to pay the fees of private arbitrators. If the arbitration is administered, costs also need to be advanced to pay the administrative costs of […]
Effective Means Provision in Investment Arbitration
In addition to typical standards of investment protection such as fair and equitable treatment, national treatment or most-favored nation treatment, investment treaties sometimes contain an effective means of asserting claims and enforcing rights provision, commonly known as an “effective means provision“. This provision figures mainly in investment treaties concluded by the USA, such as the […]
International Arbitration and Intellectual Property (IP) Disputes
International arbitration is an increasingly popular method for the resolution of intellectual property (“IP”) disputes. This does not come as a surprise, considering the increasing importance of intellectual property to economic prosperity, international trade and commercial profits in today’s globalized and digitalized world. Traditionally, IP disputes were mainly heard by national courts. This is because […]
IBA Rules and Guidelines Regarding International Arbitration: An Overview
The International Bar Association (“IBA”) has published several rules and guidelines relating to international arbitration which are designed to streamline the arbitral procedure and facilitate the use of international arbitration as an alternative means of dispute resolution. In principle, the IBA rules and guidelines are not legal provisions and thus do not override any applicable […]
International Arbitration in the Seychelles
International arbitration in the Seychelles is primarily governed by the Commercial Code of Seychelles, Chapter 38 (1 January 1977) Title IX (the “Commercial Code Act”) and supplemented by the Seychelles Code of Civil Procedure, Chapter 213 (15 April 1920, as amended) (the “Code of Civil Procedure”). The legal system of the Seychelles represents a peculiar […]
International Arbitration in Australia: Legal and Institutional Framework
International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth)(“IAA”) as amended in 2010, 2015 and 2018. The legal and institutional framework related to arbitration in Australia has been significantly amended over the past decade as part of a wide-reaching arbitration reform aimed at promoting Australia as an attractive regional seat for […]
Sports Arbitration: Certain Unique Features and the Court of Arbitration for Sport (the “CAS”)
Sports arbitration can broadly be defined as a method of resolving sport-related disputes by a final and binding arbitral decision. Today, arbitration has been firmly established as the predominant method for resolution of sports disputes, mainly thanks to the uniform practice and abundant, publicly-available caselaw of the Court of Arbitration for Sport (the “CAS”), based […]
