Factual evidence plays the key role in international arbitration, as in all dispute resolution. It is generally accepted that a claim or defence of a party needs to be supported by evidence. However, a question arises about the admissibility of illegally obtained evidence in international arbitration. How do arbitral tribunals approach this issue? Evidence in […]
Free Transfer Principle in Investment Arbitration
Among the principles ensuring the protection of foreign investments, bilateral investment treaties (“BITs”) typically include the free transfer principle regarding the transfer of funds/returns of the investments into and out of the host State of investment. One of the primary objectives of BITs is to provide a stable and predictable legal framework that boosts the […]
About Aceris Law LLC
Aceris Law is a boutique international arbitration law firm created nearly one decade ago by William Kirtley, an arbitration practitioner with two decades of experience in the field at the highest level, which is laser-focused on resolving international disputes through arbitration and mediation, while overseeing the enforcement of arbitration awards in various jurisdictions. Its team […]
Escalation Clauses in International Arbitration: The English Approach
Escalation clauses (or multi-tier dispute resolution clauses) are commonly found in commercial contracts. These clauses may spell out different preconditions and procedures when seeking to resolve disputes.[1] Typically, the parties are required to attempt, within a specific time period, an amicable settlement or to enter into negotiations in order to avoid arbitration or litigation. Sometimes […]
HKIAC Arbitration
HKIAC arbitration refers to the settlement of disputes administered by the Hong Kong International Arbitration Centre (the “HKIAC”) under one of its arbitration rules. According to the Queen Mary, University of London and White and Case’s 2015 International Arbitration Survey, HKIAC was the third most preferred and used arbitral institution worldwide and the most favored […]