Arbitral institutions and rules are increasingly adapting their procedures to reflect how parties actually communicate in this digital age. The Hong Kong Arbitration Society (HKAS) Online Arbitration Rules are a prime example. They expressly provide that written communications, including a Notice of Arbitration, may be transmitted electronically – whether by e-mail, SMS, instant messaging, or […]
Arbitration and Winding Up: Diverging Approaches
Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Enforcement of Arbitration Award Rendered in Favour of Non-Existent Company Rejected
A Singapore local court recently prevented the enforcement of an arbitration award rendered in favour what was determined to be a non-existent company, underlining the importance of the continuity of legal persons in international arbitration.[1] The application before the Singapore local court involved National Oilwell Varco Norway AS (formerly known as Hydralift AS) as the […]
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 […]
Bank Guarantees and Arbitration: Resisting a Wrongful Call?
Bank Guarantees are a common feature of international construction contracts. Bank Guarantees are typically used as a security for one party’s (usually the contractor’s) performance of its contractual obligations. Bank Guarantees frequently play a central role in construction disputes as well – either as an important aspect of background facts of the dispute or as […]