The issue of judgment-proof claimants in ICSID arbitration has recently been a focus of attention. As a matter of fact, the Republic of Panama sent a memorandum to ICSID on 12 September 2016, available below, exposing the difficulties of sovereigns being unable to collect costs awards in their favour and requesting the ICSID to examine […]
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Spain Energy Treaty Arbitrations
On 12 August 2016, another Spain energy treaty arbitration under the Energy Charter Treaty was registered at the ICSID. The claimants are two Dutch companies, Cordoba Beheer B.V. and Sevilla Beheer B.V., together with Cross Retail S.L and Spanish Project companies, both registered in Spain.[1] This case is just another in line with dozens of arbitrations […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
The Admissibility of Evidence in International Arbitration
The admissibility of evidence in international arbitration has long been a debated issue. A piece of evidence must be admitted in order to be considered by the arbitral tribunal, which will then evaluate its probative value in light of the facts of the dispute. Evidence is in principle admitted if it is relevant and material […]
Supplementation of an Arbitration Award under the ICSID Convention
The supplementation of an arbitration award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions in the award due to an oversight on the part of the tribunal which is likely to be corrected by it once this oversight is pointed out. This oversight should however concern a “question” before the […]
2016 UNCITRAL Notes on Organizing Arbitral Proceedings
The first version of the UNCITRAL Notes on Organizing Arbitral Proceedings, aimed at assisting arbitration practitioners with the issues typically associated with arbitral proceedings, was adopted by the UNCITRAL Commission in 1996 and has been replaced by a new version in July 2016, available below. The Notes have proven to be a useful tool for […]
Indian Investment Arbitration Regime Changes
Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]
New Arbitration against Russia Arising out of the Annexation of Crimea
As we anticipated in January 2015, arbitrations have arisen against Russia due to its annexation of Crimea. After months of threats and announcements by the Ukrainian Ministry of Foreign Affairs, a new investment treaty case against Russia in relation to annexation of Crimea is about start. The first case, Ukrnafta v. Russia, PJSC Ukrnafta v. Russia […]
Aceris Law SARL’s Diverse Clients
Aceris Law LLC has a diverse set of clients thanks to its lawyers’ flexibility, their language skills, their multicultural backgrounds and Aceris’ heavy reliance on modern technology. Since we provide legal representation only for international disputes, Aceris Law LLC has been designed from the ground-up with only this in mind. While we maintain permanent access to offices in 120 […]
