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 […]
Insolvency and Arbitration: What Issues Arise?
The economic disruption caused by the COVID-19 pandemic is expected to lead many corporations to insolvency, as well as trigger an increase in the number of commercial disputes. Consequently, it is likely businesses will have to face more arbitrations with insolvent entities, or arbitrations brought by bankruptcy trustees, when the right to maintain and dispose […]
Aceris Law Again Ranked in Legal 500 for International Arbitration
Aceris Law has again been ranked in the Legal 500 in the field of international arbitration, along with a number of other well-known international firms. “It is always a pleasure to see our hard work recognized,” said William Kirtley of Aceris Law. “We have won or settled over a dozen disputes over the past […]
Cybersecurity in International Arbitration
Cyberattacks in today’s digital world are becoming increasingly common and international arbitration has not remained unaffected. To the contrary, international arbitration can be highly susceptible to cyberattacks. This is explained by its very nature and underlying principles, namely privacy, confidentiality, procedural flexibility and the involvement of multiple players and sensitive data. In 2015, for instance, […]
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 […]