On 11 January 2022, the Paris Court of Appeal agreed to enforce a contract-based ICC arbitration award, despite the final award being previously set aside by the domestic courts of the seat of arbitration, and the underlying contract also being annulled by a foreign court. While this result may be surprising in many jurisdictions, the […]
Revision of Arbitration Awards under French Law
Under French law, pursuant to the doctrine of functus officio, once the arbitral tribunal has rendered its award, it cannot re-examine it.[1] There is no possibility for the French courts to remit the matter to the arbitral tribunal in case an award is annulled. Accordingly, the parties can only start new arbitration proceedings on the […]
Demurrage Claims in International Arbitration
International arbitrations in the field of shipping and sales often include demurrage claims (“surestaries” in French) which constitute, using the expression of Professor Debattista, “the staple diet of shipping lawyers the world over”.[1] Although it is rarely defined in charterparties or sale contracts which usually provide for its rate only, the Baltic Code (2020) defines […]
Aceris Law Again Highly Recommended in International Arbitration Rankings
Aceris Law LLC is pleased to announce that it has again been “Highly recommended” in the field of international arbitration by Leaders League, being named as one of the more accomplished boutique arbitration practices. According to Leaders League: ACERIS LAW: ARBITRATION BOUTIQUE THAT PUNCHES ABOVE ITS WEIGHT Track record: Since establishing Aceris Law, key partner […]
Rome I, Rome II, Applicable Law and International Arbitration
The relevance of the Rome I and Rome II Regulations for determining the law applicable to the merits of an international arbitration is a hotly-debated issue. Within the European Union (“EU”), Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (“Rome I”)[1] and Regulation (EC) No. 864/2007 on the law applicable to non-contractual […]