The OHADAC project is a project of legal integration in the Caribbean region, whose philosophy is similar to the OHADA’s in West Africa. The objective of the project is to advance legal and judicial integration of the Caribbean in order to ensure that a harmonized legal framework applies for the activities of Caribbean businesses. It […]
News
Publication of ICC Arbitration Awards: 2019 Advancements in Transparency of ICC Arbitration
As most arbitrations are confidential, the publication of ICC arbitration awards has historically been uncommon. In January 2019, however, the ICC International Court of Arbitration adopted changes to its practice that will soon be implemented. In this regard, the ICC released an updated Note to the Parties and Arbitral Tribunals. Its main purposes were to […]
William Kirtley and Zuzana Vysudilova Publish 2019 Guide on French Arbitration
William Kirtley and Zuzana Vysudilova recently published a 2019 guide on French arbitration law. The guide on arbitration in France was published by Law Business Research 2019, in its Getting the Deal Through series, and it is available below. Many arbitrations have their seat in France, which has a modern arbitration law and is the […]
Time Limitations and Stale Claims in Investment Arbitration
Investment arbitration sometimes deals with legal issues that are particularly well-rooted in national laws, whereas their application at the international level is less evident. One of these issues revolves around the concept of time limitations. In fact, host States of investment might build their defence based on this concept, arguing that investors’ claims are stale, […]
UNCITRAL Drafts for a Convention on the Enforcement of Mediation Settlement Agreements and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation
The United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II approved final drafts for a Convention on the Enforcement of Mediation Settlement Agreements (hereinafter “the draft Convention”) and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Model Law”). While these instruments need to […]
Fork in the Road Provision in Investment Arbitration
The fork in the road provision, or Electa una via, non datur recursus ad alteram (English translation: “when one way has been chosen, no recourse is given to another”[1]), belongs to a category of jurisdiction-declining provisions[2] marking “the relationship between international arbitration and adjudication by domestic courts.”[3] However, it should be noted that certain tribunals have […]
Should an International Arbitration for a Small Claim Even Be Commenced?
Should an international arbitration for a small claim, for instance an amount in dispute of less than USD 50,000, even be commenced? This is a recurring question asked by clients with small claims who wonder if it is worthwhile to commence arbitration proceedings and to incur additional costs in order to recover small amounts. Claimants […]
Aceris Law Wins Trophy for Best International Law Firm (Trophée de Droit)
On 31 January 2019, Aceris Law won another prize, the prestigious Trophée de Droit – Argent, for best international law firm. The Trophée de Droit is a legal prize selected by members of juries, based on research by the French legal magazine Décideurs, information regarding recent case outcomes and an oral presentation to a jury […]
ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings (2018 ICC Rules)
International arbitration is governed by a cornerstone principle, the principle of consent. This means that parties are free to include, by mutual consent, an arbitration agreement in their contract. By the same token, they can organize such arbitration proceedings by choosing either an ad hoc arbitration or an arbitration administered by an institution. Nonetheless, the […]
