The filing of arbitrations based on multiple arbitration agreements, contained in two (or more) separate contracts, in a single arbitration proceeding may be possible, but must be done with caution. The development of major projects in the fields of engineering, construction, oil and gas, and mining often give rise to situations where related disputes regarding […]
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Arbitration Under the OIC Investment Agreement
Many investors are unaware of the existence of the Agreement for the Promotion, Protection and Guarantee of Investments among the Member States of the Organisation of the Islamic Conference (the “OIC Investment Agreement”) and its provisions regarding dispute settlement. The Organization of the Islamic Conference (the “OIC”; Arabic: منظمة التعاون الإسلامي; French: Organisation de la […]
Investment Arbitration in Russia under the 2020 Investment Law
Russia has participated in several major investment arbitration cases, including the largest arbitration award ever, the so-called Yukos arbitration. However, when it realized that bilateral investment treaties (BIT’s) may have serious ramifications, most traditional investment treaty work was suspended. The newest Russian BIT, signed with Palestine, dates back to 2016. Most existing Russian BITs date […]
Reform of Swiss Arbitration Law – Key Changes and Developments
On 19 June 2020, the Swiss Parliament approved a long-awaited revision of Swiss Arbitration Law, expected to enter into force in early 2021. This is a welcome development, preserving and further strengthening Switzerland’s position as one of the most attractive venues for hosting international arbitrations, both ad hoc and institutional. International Arbitration in Switzerland is […]
Ambitious New 2020 LCIA Arbitration Rules, with an Increase in Costs
On 11 August 2020, the LCIA released a surprisingly ambitious update to its Arbitration Rules (the “2020 (LCIA Arbitration) Rules”) and a new Schedule of Arbitration Costs (the “2020 LCIA Schedule of Costs”), increasing the costs of LCIA Arbitration, among other notable changes. The 2020 LCIA Arbitration Rules and the 2020 LCIA Schedule of Costs […]
Does an Arbitration Clause Survive the Termination of a Contract?
An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]
Aceris Law Wins Third-Party Funded Arbitration
Aceris Law is pleased to announce that it has won another arbitration, this time funded by a third-party funder, with its client receiving payment of all amounts awarded, minus the portion to be paid to the third-party funder. Aceris Law assisted its client to secure third-party funding at no cost, prosecuted the arbitration successfully, and […]
Bank Guarantees and Arbitration: Resisting a Wrongful Call?
Bank Guarantees are a common feature of international construction contracts. Bank Guarantees are typically used as a security for one party’s (usually the contractor’s) performance of its contractual obligations. Bank Guarantees frequently play a central role in construction disputes as well – either as an important aspect of background facts of the dispute or as […]
Arbitration in Japan
Japan is a pro-arbitration country with a number of arbitral institutions and organizations. The most commonly used institution for commercial arbitration is the Japan Commercial Arbitration Association (the “JCAA”).[1] Its Arbitration Rules were recently amended in order to make arbitration more useful and affordable for parties.[2] Civil and Commercial Arbitration in Japan Civil and commercial […]
