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Arbitration in Brazil

28/06/2017 by International Arbitration

Arbitration in Brazil

Arbitration in Brazil has developed significantly over recent decades. The latest ICC statistical report for the year 2016 shows an increasing number of Brazilian parties using arbitration, with 123 Brazilian parties compared to 112 in 2014, placing Brazil in 3rd place in party-rankings worldwide. Brazil is today described as having a pro-arbitration legal regime and […]

Filed Under: Annulment of Arbitration Award, Arbitration Agreement, Arbitration Information, Brazil Arbitration, Investor State Dispute Settlement

ICC Arbitration Clause

24/06/2017 by International Arbitration

ICC Arbitration Clause

By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration. This also implies that the International […]

Filed Under: Arbitration Agreement, Arbitration Cost, Arbitration Information, Arbitration Rules, ICC Arbitration

The Protection of Foreign Investments: Towards a Reaffirmation of the State?

17/06/2017 by International Arbitration

Protection of Foreign Investments

Aceris Law co-sponsored a one-day-conference on international arbitration and the protection of foreign investments organised on June 2, 2017 by Student Societies from 4 French universities: the Association des Juristes de Droit International (Paris 1 Panthéon-Sorbone), the Association du Master 2 de Droit International Economique (Paris 2 Panthéon-Assas), the Association des Anciens Etudiants de Droit […]

Filed Under: Arbitration Information, Arbitration Jurisdiction, Arbitration Rules

FIRST OPTIONS OF CHICAGO, INC. v. KAPLAN: Arbitrating the Question of Arbitrability U.S Supreme Court (1995)

06/06/2017 by International Arbitration

This dispute arose out of a “workout” agreement, embodied in four separate documents, which governed the “working out” of debts to First Options that MKI incurred as a result of the October 1987 stock market crash. In 1989, after entering into the agreement, MKI lost an additional USD 1.5 million. First Options then took control […]

Filed Under: Arbitration Information, Arbitration Procedure, United States Arbitration

MEDITERRANEAN ENTERPRISE V. SSANGYONG CORP.: The Interpretation of the Words “Arising Hereunder” in an Arbitration Agreement US Court of Appeals for the 9th CIRCUIT (1983)

05/06/2017 by International Arbitration

MEDITERRANEAN ENTERPRISE V. SSANGYONG CORP.

Mediterranean Enterprises, Inc. v. Ssangyong Construction Co. concerns the interpretation of the words “arising hereunder” in an arbitration agreement. By way of background, the parties to the proceeding signed a “Preliminary agreement on Formation of a Joint Venture” in 1978. The agreement contained an Arbitration Clause, stating that “any disputes arising hereunder or following the […]

Filed Under: Arbitration Agreement, Arbitration Information, Court of Arbitration, Korea Arbitration, United States Arbitration

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