Previously, we analysed the main features of the 2018 Draft Netherlands Model BIT and concluded that the instrument could mark a new era in investment arbitration in the Netherlands. The Draft was open to consultation until 18 June 2017. The finalized text was adopted and released on 19 October 2018. The final version of the […]
FIDIC Contracts: Overview of the FIDIC Suite
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 […]
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 […]
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 […]