It has been one year since the Arbitration Committee of the International Bar Association (the “IBA”)[1] issued the Site Visit Model Protocol for International Arbitration (the “Site Visit Protocol”).[2] The Site Visit Protocol includes 13 articles and accompanying drafting notes for each of them, designed to facilitate the conduct of site visits in international arbitrations. […]
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Interpreting Treaties in Investment Arbitration
Interpreting treaties in investment arbitration is central to resolving disputes where the applicable international instruments are often complex and open to competing readings. Practical interpretation determines jurisdiction, scope of protection and ultimately the outcome of disputes. In a previous note, we outlined how investment tribunals approach treaty interpretation. In this note, we take a closer […]
Aceris Law Secures Another Success in LMAA Arbitration
Aceris Law is pleased to announce another success, having represented a Middle Eastern energy transport company in arbitration under the London Maritime Arbitrators Association (LMAA) Rules. The case, based on a charter party agreement governed by English law, involved claims brought by a shipping company for port overstay charges and demurrage. The claimant alleged that […]
Blowing the Whistle on CAS: The CJEU’s RFC Seraing v. FIFA Decision
On 1 August 2025, the Grand Chamber of the Court of Justice of the European Union (“CJEU”) issued a new decision in Case C-600/23, Royal Football Club Seraing SA v. FIFA, UEFA and URBSFA, in which it addressed a fundamental question: how far should EU courts go in reviewing arbitral awards handed down by the […]
How Enforcement Works: Turning Arbitral Awards into Real-World Results
As every arbitration practitioner knows, securing a favourable arbitral award is often the culmination of months, or even years, of effort. Parties invest substantial time, money, and energy in arbitration to resolve their disputes. When an arbitral tribunal finally delivers a positive decision, it may feel like the hard work has paid off. Yet, in […]
Notice of Arbitration by SMS: Efficiency vs. Fairness
Arbitral institutions and rules are increasingly adapting their procedures to reflect how parties actually communicate in this digital age. The Hong Kong Arbitration Society (HKAS) Online Arbitration Rules are a prime example. They expressly provide that written communications, including a Notice of Arbitration, may be transmitted electronically – whether by e-mail, SMS, instant messaging, or […]
Avoiding Pathological Arbitration Clauses: Do’s and Don’ts for In-House Counsel
Carefully crafted dispute resolution clauses are vital for facilitating transactions, yet they are often overlooked or hastily drafted during contract negotiations.[1] These defective clauses, referred to as “pathological clauses” by Frédéric Eisemann in 1974, can severely undermine parties’ intentions to resolve disputes through arbitration, potentially trapping them in challenging processes or even rendering agreements unenforceable.[2] […]
OAC Arbitration Rules
The OAC Arbitration Rules issued in November 2020[1] provide a modern procedural framework for resolving disputes in Oman and are carefully aligned with leading international arbitration practices.[2] The Oman Commercial Arbitration Centre Headquartered in Muscat, the Oman Commercial Arbitration Centre (OAC) is an independent, non-governmental institution established in 2018.[3] It is firmly rooted in Oman […]
U.S. Supreme Court Clarifies Personal Jurisdiction in Foreign Sovereign Immunities Act Arbitration Enforcement Cases
On 5 June 2025, the United States Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., resolving an important procedural question in award enforcement against foreign states and their instrumentalities. Writing for the Court, Justice Alito held that when the Foreign Sovereign Immunities Act (FSIA) applies, federal courts do not […]
