An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]
Aceris Law’s Client Succeeds in ICC Arbitration under French Law in the Aviation Industry
Aceris Law is pleased to announce that it has assisted another client in winning another ICC arbitration, this time in the aviation industry. While identifying details of the award remain confidential, the dispute, which was subject to French law, concerned remuneration of the work of a third-party consultant who had assisted in the successful sale […]
COVID-19 and Construction Disputes: Claims for Time and Money
The spread of COVID-19, also known as coronavirus, which was declared a global pandemic by the World Health Organization on 11 March 2020, has had a significant, in some cases disastrous, impact on virtually all areas of business globally. The construction industry is no exception. With a number of countries declaring a state of emergency […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
Confidentiality in International Arbitration: Obligations Under English, French and U.S. Laws
Confidentiality is often regarded as one of the core advantages of international arbitration. For instance, confidentiality reduces disclosure of sensitive information and the influence of public opinion.[1] Confidentiality is to be distinguished from privacy, which concerns the fact that only parties to the arbitration agreement may attend hearings and participate in arbitral proceedings.[2] Privacy prevents interference from […]