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 […]
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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 […]
Dispute Boards and International Construction Arbitration
1. What Is a Dispute Board? Dispute boards[1] are often found in large construction projects[2] to assist parties in resolving or avoiding disputes and, ideally, preventing such disputes from escalating to international construction arbitration.[3] Dispute boards are purely a creature of contract. This means that normally there will be no supporting statute to regulate the […]
Arbitration in Slovakia
Arbitration in Slovakia has not ceased to develop and adapt itself to international standards since the independence of the country on 1 January 1993. Today, it is a well-recognised alternative dispute resolution mechanism in Slovakia. Below, we address the main features of the legal instruments regulating civil/commercial, as well as investment arbitration, in Slovakia. Civil […]
L’arbitrage au Cameroun et dans le système OHADA
L’arbitrage au Cameroun présente une alternative plus rapide et potentiellement moins coûteuse à la voie juridictionnelle traditionnelle. L’ouverture du pays à l’arbitrage augmente également son attractivité à l’égard des investisseurs. Le cadre juridique de l’arbitrage au Cameroun L’arbitrage au Cameroun est encadré par un régime juridique dualiste avec à la fois des règles internes et […]
