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 […]
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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 […]
The IBA Rules v. The Prague Rules in International Arbitration
The taking of evidence in international arbitration can be a critical step in many international arbitrations. Parties, or the arbitral tribunal, have often made recourse to the International Bar Association Rules on Taking of Evidence in International Arbitration (“IBA Rules”), whether the parties made an express choice for them to apply or not. The IBA […]
The Terms of Reference in ICC Arbitration
In ICC arbitration, upon the transmission of the case file by the ICC Secretariat to the arbitral tribunal (Article 16 of the ICC Arbitration Rules), the first task for an arbitral tribunal is to draw up the Terms of Reference. According to Article 23(1) of the ICC Arbitration Rules, the Terms of Reference corresponds to […]
The Concept of Arbitrability in Arbitration
Arbitrability concerns whether a type of a dispute can or cannot be settled by arbitration. In practical terms, arbitrability answers the question of whether a subject matter of a claim is or not reserved to the sphere of domestic courts, under the provisions of national laws. If the dispute is not arbitrable, the arbitral tribunal […]
William Kirtley Discusses Enforcing Arbitral Awards against State Assets with Russian Newspaper
Arbitration lawyer William Kirtley has been interviewed by the Moscow-based newspaper Novaya Gazeta regarding the enforcement of arbitral awards against State assets. In the Russian-language article, concerning a USD 1.3 billion award to Ukraine’s Oschadbank for compensation for loss of assets in Crimea following annexation of the peninsula in 2014, William Kirtley explains that it is far […]
Swiss Chamber’s Arbitration Institution
The Swiss Chambers’ Arbitration Institution, also known as the “SCAI”, is an arbitration institution based in Geneva, Switzerland, which offers dispute resolution services based on the Swiss Rules of International Arbitration (the “Swiss Rules”) and the Swiss Rules of Commercial Mediation. The Swiss Chambers’ Arbitration Institution is, since 2012, an independent entity, established by the Chambers […]
What Makes a Good Final Award in an Arbitration?
The Final Award is the key decision in an arbitration that has important consequences, in the sense that it is the end outcome of a controversy, or a dispute submitted to an arbitral tribunal or a sole arbitrator, and it will affect the rights between the parties and may not normally be appealed. In addition […]
