Aceris Law has secured another highly favourable international arbitration award, obtaining an arbitration award in excess of USD 19 million on behalf of a North American client, while warding off counterclaims in excess of USD 131 million. The final award in the ICC arbitration was rendered in October 2017. It concerned an engineering, design, procurement […]
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 […]
Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)
This ICC arbitral award concerns the notion of estoppel and a Representation Agreement between the parties, and whether a contract was valid and enforceable despite a United Nations embargo, with respect to a contract under Swiss law. While the contract was being performed, an Iraq embargo was ordered by the United Nations following the invasion […]
Stay of Judicial Proceedings Pending Arbitration: Rogers, Burgun, Shahine and Deschler, Inc. v. Dongsan Construction Co. ltd. US District Court for the Southern District of New York (1984)
In this case, Dongsan (Claimant) subcontracted RBSD (Respondent) services for developing part of the design of a hospital in Saudi Arabia. The Claimant agreed to pay 20% of the 2,5 million dollar fee in advance of Respondent’s performance. Respondent provided Claimant a Letter of Guarantee to secure the full amount of the advancement payment. The […]
ARBITRATION AND RICO CLAIMS: FINAL AWARD IN ICC CASE N. 6320 (1992)
This ICC arbitration concerns arbitration and RICO claims, arising in the context of a plant built in Brazil. By way of background, a Contract was entered into in 1972. The Contract was governed by Brazilian law and the seat of arbitration was agreed to be Paris. The parties, Furnas, a Brazilian company (Claimant) and a […]