Arbitration in Kenya is governed by the Arbitration Act, No. 4 of 1995 and its subsequent amendments (the “Kenyan Arbitration Act” or the “KAA”). While the KAA was initially a mirror image of the 1985 version of the UNCITRAL Model Law on International Commercial Arbitration (the “UNCITRAL Model Law”), it was subsequently amended in order […]
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ICSID Caseload – Statistics for Fiscal Year 2020
On 14 August 2020, the International Center for Settlement of Investment Disputes (“ICSID”) published its newest case report, ICSID Caselaw – Statistics (Issue 2020-2), providing data on new cases for the fiscal year 2020 (“FY2020”), i.e., until 30 June 2020.[1] ICSID publishes its reports on ICSID caselaw statistics bi-annually, examining all ICSID cases since the […]
Aceris Law Successfully Resolves SIAC Arbitration Involving Nine Parties
Aceris Law LLC is pleased to announce that it has successfully resolved another SIAC arbitration on behalf of two respondents and counterclaimants, one located in France and another located in East Asia, in a dispute with seven entities and individuals governed by Japanese law. The dispute, which concerned a joint venture spanning multiple advanced technological […]
Calculating Interest in International Arbitration: How Is Interest Determined?
In international arbitration, arbitrators enjoy a wide margin of discretion when assessing both damages and the awarding of interest. There is no uniform approach to determining the rate of interest that is awarded in arbitral awards. Often, arbitral tribunals award interest that reflects the position that a claimant would have been in, had respondent’s act […]
Aceris Law Successfully Resolves ICC Arbitration against Saudi Arabian Construction Company
Aceris Law LLC is pleased to announce that it has successfully resolved another ICC arbitration on behalf of a Middle Eastern client against a leading Saudi construction company. The arbitration, which was governed by Saudi law, concerned prolongation costs, amongst other construction law-related issues, in relation to a large refinery project located in Saudi Arabia. […]
Depositions in International Arbitration
Depositions in international arbitration are rare but do occur. A deposition is defined as “[a] witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes”.[1] While depositions are generally associated with American pre-trial discovery, they are called for in a surprising number of […]
Aceris Law Successfully Resolves Dispute in Solar Industry
Aceris Law is pleased to announce that it has successfully resolved another long-running international dispute, in the solar industry, between American and East Asian businesses. The dispute, which was subject to various laws of the United States, concerned a joint venture to produce solar panels and involved disputed exclusivity provisions, intellectual property disputes, disputed non-compete […]
Initiating Arbitrations Under Multiple Arbitration Agreements
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 […]
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 […]
