The SCC Arbitration Rules are applied in arbitral proceedings when parties have agreed to SCC arbitration to resolve their dispute. The SCC has revised its rules of arbitration several times, in order to adapt to changing business needs. Established in 1917, the SCC initially belonged to the Stockholm Chamber of Commerce, although it acted independently. […]
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VIAC Arbitration Rules
The VIAC Rules of Arbitration (“VIAC Arbitration Rules”), which may be downloaded below, are applied in arbitral proceedings when Parties have agreed to VIAC arbitration to resolve their dispute. It has become a practice of Southeastern European States, especially ones on the territory of the former Yugoslavia, to choose the VIAC as their designated arbitration […]
The new 2018 HKIAC Arbitration Rules
The HKIAC Rules of Arbitration (“HKIAC Arbitration Rules”) are applied in arbitral proceedings when the parties have agreed to HKIAC arbitration to resolve their dispute. Established in 1985 as a response to the growing demand for dispute settlement mechanisms in Asia, the HKIAC is a preferred arbitral institution for disputes with an Asian element. Apart […]
Cyprus Arbitration: Is Cyprus Liable under International Law?
Cyprus Arbitration: can depositors successfully sue Cyprus in international arbitration for the measures it took in 2013? In 2013, Cyprus introduced a number of measures to prevent its banks from becoming insolvent. Most notably, it introduced a bail-in measure whereby it converted depositors’ deposits into equity in banks. This brought new capital into banks, without […]
Answer to the Request for Arbitration Under the ICC Arbitration Rules
The Answer to the Request for Arbitration under the ICC Arbitration Rules is the first written submission that the Respondent to an arbitration must file. The Answer will typically set the main lines of the defence, which will be subsequently developed. The Request for Arbitration as well as the Answer are the documents that will give […]
How Do Investment Arbitration Tribunals Interpret Investment Treaties?
When interpreting a treaty provision, arbitral tribunals should first and foremost look at the “ordinary meaning of the terms”. This methodology is prescribed by Article 31 of the 1969 Vienna Convention on the law of treaties (VCLT). VCLT Articles 31-32 are codifications of customary international law. The interpretative approach prescribed by these articles should be […]
Aceris Achieves American Clients’ Objectives in ICDR Arbitration
Aceris Law has again achieved the outcome sought by its clients, this time in an ICDR arbitration between European claimants and Aceris’ American clients. The ICDR arbitration, initiated by European claimants represented by a large corporate firm, were brought against Aceris’ clients and concerned claims of fraudulent misrepresentation, fraud in the inducement, negligent misrepresentation and unjust […]
The SIAC Arbitration Clause
The Singapore International Arbitration Centre or SIAC is one of the fastest growing arbitral institutions in the world with 452 new cases received in 2017. The parties to a contract may agree to refer their disputes to arbitration in accordance with the SIAC Arbitration Rules. By doing so, the parties agree that their disputes will be resolved by arbitration and […]
Duty to Mitigate Damages in Investment Arbitration
Notion of the Duty to Mitigate Damages Along with contributory negligence, a duty to mitigate damages is considered as a “compensation-reducing”[1] factor. However, contrary to contributory negligence, the duty to mitigate damages arises only after the breach of an international obligation. It implies an obligation for an aggrieved party to “take steps to minimize his loss, on […]
