In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]
Approach to Determining Law of the Arbitration Agreement Further Confirmed by UK Supreme Court
In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, the question of which law governed the validity and scope of an arbitration agreement arose before any arbitration had taken place. Then, in the UK Supreme Court judgment of Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) given on 17 October 2021, a similar […]
Dismissing Stale Claims for Want of Prosecution in International Arbitration
Under English law, if a claimant unreasonably delays the prosecution of its claims, the arbitral tribunal has discretion to dismiss them for “want of prosecution” (or to take less drastic measures to “penalize” the claimant, for instance, in terms of costs, interest or the conduct of the proceedings). Yet, it will normally not do so, […]
Demurrage Claims in International Arbitration
International arbitrations in the field of shipping and sales often include demurrage claims (“surestaries” in French) which constitute, using the expression of Professor Debattista, “the staple diet of shipping lawyers the world over”.[1] Although it is rarely defined in charterparties or sale contracts which usually provide for its rate only, the Baltic Code (2020) defines […]
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 […]