It is common in investment arbitration that investors seek to recover the profits they claim to have lost as a consequence of one or more internationally wrongful acts perpetrated by a host State of foreign investment. Historically, in assessing damages there has been a distinction between damnum emergens (actual losses) and lucrum cessans (loss of […]
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Consent to Arbitration Based on Investment Codes
In international arbitration, consent to arbitration can be expressed in different forms, including in domestic laws. While it is widely recognized that States can commit themselves by way of international treaties (or by virtue of contracts covering future disputes), States can also give their consent to arbitration based on investment codes. Due to the significant […]
Russian Sanctions and Arbitration: Analysis of New Russian Law Transferring Exclusive Jurisdiction to State Courts
Six years after the introduction of Russian sanctions by the United States and the European Union, the Russian Parliament has adopted a new law to allow sanctioned Russian entities to avoid arbitration. Arbitrations against companies and individuals targeted by Russian sanctions have today been transferred to the exclusive jurisdiction of Russian State Courts by a […]
Insolvency and Arbitration: What Issues Arise?
The economic disruption caused by the COVID-19 pandemic is expected to lead many corporations to insolvency, as well as trigger an increase in the number of commercial disputes. Consequently, it is likely businesses will have to face more arbitrations with insolvent entities, or arbitrations brought by bankruptcy trustees, when the right to maintain and dispose […]
Energy Charter Treaty: Current Status between EU States
The Energy Charter Treaty (“ECT”), available here, is a multilateral agreement. It was signed in December 1994 and entered into force on 16 April 1998. It created a multilateral framework for energy long-term cooperation between its members. The Energy Charter Treaty is preceded by the European Energy Charter adopted in December 1991, under which signatories […]
Incoterms in International Trade
The Incoterms are a set of commercial/trade rules established by the International Chamber of Commerce (“ICC”) that are used in international sale contracts.[1] The Incoterms are not mandatory rules – for them to receive legal effect, they must be explicitly incorporated by the parties into their contract. In the following paragraphs, after outlining the classification […]
Aceris Law’s Client Succeeds in ICC Arbitration under French Law in the Aviation Industry
Aceris Law is pleased to announce that it has assisted another client in winning another ICC arbitration, this time in the aviation industry. While identifying details of the award remain confidential, the dispute, which was subject to French law, concerned remuneration of the work of a third-party consultant who had assisted in the successful sale […]
Advance on Costs in SCC Arbitration
When an arbitration agreement provides for arbitration with the Arbitration Institute of the Stockholm Chamber of Commerce (“the SCC”), the parties should bear in mind that they will be required to pay several costs over the course of the proceedings. In the following paragraphs, we will discuss the regime of the advance on costs in […]
Arbitration in Bahrain
Bahrain updated its arbitration law not long ago. Legislative Decree No. 9 of 2015 (the “BAA”) has incorporated the Model Law of the United Nations Commission for International Trade Law (the “Model Law“) in its entirety and included some additional provisions regarding the parties’ representation (Article 6 of the BAA) and arbitrators’ liability (Article 7 […]
