Aceris Law has scored a significant victory for a Southeast Asian client, defeating USD 254 million in claims against a publicly-traded company in the petrochemical industry that threatened the continued existence of the company. The complex dispute, which was resolved following 3 ½ years of SCC arbitration proceedings, notably concerned claims for delay penalties, claims […]
Twilight Issues in International Arbitration
What happens when the arbitration agreement, the lex arbitri, and the law out of which the cause of action arises are silent about the law applicable to issues that are considered to be neither substantive nor procedural? The short answer is that these issues would fall under the category of so-called “twilight issues” in international […]
International Arbitration in Mexico
It is undisputed that certain deficiencies of the Mexican judicial system have sparked the need for developing and consolidating new alternative dispute resolution mechanisms such as international arbitration in Mexico. Mexico’s increasing multilateral trade, transnational dealings, disputes, as well as its international business community, have steered businesses to opt for incorporating international arbitration clauses into […]
International Commercial Arbitration in Ireland
Ireland is legally well-equipped to prosper as a seat for international arbitration: it offers a familiar applicable law based on the 2006 UNCITRAL Model Law (i.e., the Irish Arbitration Act 2010), a court system supportive of arbitration, an English-speaking, common law legal system similar to that of England and, as a signatory to the New […]
Termination of Construction Contracts
The termination of a construction contract is one of the most powerful remedies an employer has against a contractor, especially when the contractor is in default.[1] There are numerous different situations in which the employer or, less frequently, the contractor, might have to resort to contract termination. Most commonly, a party resorts to termination due […]