FIDIC contracts are the most commonly used standard form of international construction contracts in the world today. Standard FIDIC contracts are frequently used in both large and small construction projects, and they are suitable for parties of different nationalities, speaking different languages and coming from different jurisdictions. The Fédération Internationale Des Ingénieurs-Conseils, more commonly known […]
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International Court of Arbitration
There are many Courts of Arbitration, but technically only one International Court of Arbitration, which refers to the ICC’s International Court of Arbitration. Somewhat confusingly for those unfamiliar with arbitration, Courts of Arbitration do not decide on the substance of disputes themselves, as this role is left to private arbitrators. We will briefly examine the […]
Aceris Successfully Resolves ICC Arbitration for Another Client
Aceris Law has assisted another client in obtaining the successful resolution of an ICC arbitration. The ICC arbitration, against a subsidiary of a Fortune 500 steel and mining company, was subject to Liberian law, a common law jurisdiction influenced by American law and the law of other common law jurisdictions. The dispute concerned a service contract […]
William Kirtley Discusses Enforcement of SCC Arbitration Award against Gazprom with Russian Newspaper Novaya Gazeta
As explained by international arbitration lawyer William Kirtley in the Russian-language article, the use of international arbitration is quite standard to resolve international disputes involving the gas industry. SCC arbitration in particular is commonly used to resolve disputes involving countries of the former Soviet Union. Since Naftogaz received an arbitration award in its favour […]
Legitimate Expectations in Investment Arbitration
In its judgment rendered on 1 October 2018 in the Bolivia v. Chile case, the International Court of Justice drew a distinction between public international law and investment arbitration with respect to the notion of legitimate expectations. The Court held that, contrary to bilateral investment treaties where the principle of legitimate expectations of foreign investors […]
A Inteligência Artificial na Arbitragem Internacional
A inteligência artificial (IA) é o futuro e, de certa maneira, já faz parte das nossas vidas quotidianas e da arbitragem internacional. Apesar da resistência tradicional, a verdade é que a tecnologia entrou na arbitragem internacional através da videoconferência, dos registos eletrónicos, da utilização de ferramentas de digitalização de documentos e do recurso às bases […]
Denial of Justice in International Investment Law
The principle of denial of justice embodies the maladministration of justice by local courts.[6] Prohibited acts of the local judiciary mainly revolve around access to justice, discrimination and the slow or non-existent execution of court decisions which are favorable to a foreign investor.[7] One of the oldest and most oft-cited definitions of denial of justice […]
Cape Verde Arbitration – 158th Contracting State to the New York Convention
Cape Verde, through Resolution 26 / IX / 2017 of 7 February, approved its accession to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), becoming the 158th contracting State to the New York Convention. Following its ratification, on 22 March 2018, the Secretary-General of the United Nations confirmed […]
Resisting the Enforcement of Arbitral Awards: Article V(1)(a) of the New York Convention
According to Article III of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), courts of a Contracting State have the obligation to recognize and enforce an arbitral award. However, it must be borne in mind that the latter have the possibility of refusing the recognition and execution […]
