The legal framework for the enforcement of foreign arbitral awards in the Kingdom of Saudi Arabia has changed dramatically over the past decade. In 2012, Saudi Arabia enacted a new Arbitration Law, based on the 1985 UNCITRAL Model Law. This replaced its 1983 Arbitration Law. The previous procedure for the enforcement of arbitral awards had […]
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Market Access of Foreign Investors under Bilateral Investment Treaties
Market access of foreign investors is the ultimate step for the entrance of foreign capital into a host country. Most countries today regulate the admission of the foreign direct investment through a special legal framework agreed with other countries and entities on a bilateral and sometimes multilateral level. By entering into such treaties, States agree […]
Investor’s Consent to ICSID Arbitration Under Côte d’Ivoire’s Investment Code
A request for acceptance of the investment constitutes valid evidence of the investor’s consent to ICSID arbitration under Côte d’Ivoire’s Investment Code. This is the finding of the arbitral tribunal in an ICSID arbitration initiated by an Ivoirian company, Société Resort Company Invest Abidjan, and two French nationals, Stanislas Citerici and Gérard Bot, against the Republic of […]
The LCIA Arbitration Clause – London Court of International Arbitration
An LCIA Arbitration Clause in a contract contains the parties’ agreement that their dispute will be resolved by an arbitral tribunal and that the arbitration proceedings will be governed by the procedural rules in the LCIA Arbitration Rules, in addition to any mandatory rules at the seat of arbitration. The inclusion in the contract of an […]
Arbitration and Allegations of Corruption in the Aviation Industry
Reportedly, many agents in the aviation industry have seen their payments halted and contracts terminated by the Airbus Group (“Airbus”) in circumstances where they have done nothing wrong. Many agents have thus reportedly commenced arbitration against the Airbus Group on the basis of breach of contract. This curious situation in the aviation industry appears to […]
Aceris Secures USD 19 Million ICC Arbitration Award for North American Client, Wards Off USD 131 Million in Counterclaims
Aceris Law has secured another highly favourable international arbitration award, obtaining an arbitration award in excess of USD 19 million on behalf of a North American client, while warding off counterclaims in excess of USD 131 million. The final award in the ICC arbitration was rendered in October 2017. It concerned an engineering, design, procurement […]
Screening Arbitrator Appointments
Is screening arbitrator appointments a potential solution to the perceived bias of party-appointed arbitrators? Paul Slovic, a cognitive scientist from the University of Oregon, was part of an interesting experiment. He and his colleagues provided a survey of various technologies to participants, who were asked to list their benefits and costs. The initial results concluded […]
Mytilineos v. The Republic of Serbia: Serbia Held Liable in Investment Arbitration
The 2013 Mytilineos v The Republic of Serbia investment arbitration came to an end in August 2017 and Serbia was found to have breached the applicable bilateral investment treaty. According to Mytilineos’s press release, the investment arbitration concerned RTB Bor, a copper mining and smelting company that was subject to privatization. While the Tribunal has […]
International Commercial Arbitration in Serbia
International commercial arbitration is a popular method for resolving international commercial disputes in Serbia and a preferable alternative to State courts, where proceedings remain slow and can take years to a final judgement. The arbitration regime in Serbia was enhanced when, in 2006, the Serbian government passed a new Serbian Arbitration Act, a modern law adopted […]
