The spread of the COVID-19 pandemic and the restrictive measures (travel restrictions, lockdowns, etc.) imposed by many governments have made it impossible for many parties, their counsel, witnesses and arbitrators from different part of the world to attend in-person hearings. Thus, tribunals and parties to ongoing proceedings typically have a choice between adjourning hearings, agreeing […]
Equal Treatment of the Parties in International Arbitration
Procedural protections consist of fundamental principles, which include the right to equal treatment and the right to be heard. Procedural protections are also provided through deference to party autonomy and the arbitrator’s procedural discretion.[1] The UNCITRAL Model Law, national arbitration legislation, judicial decisions and institutional rules provide for equality of treatment in various ways. Article […]
Aceris Law Wins Another ICC Arbitration under Swiss Law
Aceris Law is pleased to have won another ICC arbitration under Swiss law for a European client regarding the construction of a cement plant in a West African State. Representing the Employer, the dispute concerned back charges, liquidated damages for delay and damages caused by the breach of the arbitration agreement. As usual, Aceris Law’s […]
The Recovery of In-House Costs in UNCITRAL Arbitration
The 2010 UNCITRAL Rules (the “Rules”) provide for an exhaustive list of costs that may be considered by Arbitral Tribunals when ruling on costs.[1] Article 40 of the Rules provides that the recoverable costs of arbitration include legal and other costs incurred by the parties to the extent that the arbitral tribunal determines that these […]
How to Initiate International Arbitration
Initiating international arbitration is a rather simple process, which can be done by lawyers or even non-lawyers: In ad hoc arbitrations, normally, it requires only the service of a “Notice of Arbitration” to the respondent. In administered arbitrations, usually, it requires submission of a “Notice of Arbitration” or a “Request for Arbitration” before the competent […]