William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]
Intra-EU Arbitrations and the Enforcement of ICSID Awards in the United States: the Impact of Achmea
The ICSID Convention requires signatories to treat arbitral awards rendered according to the ICSID framework as if they were a final judgment of a court in that State.[1] To challenge an award, the claimant shall seek review within the ICSID arbitral regime, rather than before State courts.[2] To implement the Convention, the U.S. Congress in […]
Aceris Achieves American Clients’ Objectives in ICDR Arbitration
Aceris Law has again achieved the outcome sought by its clients, this time in an ICDR arbitration between European claimants and Aceris’ American clients. The ICDR arbitration, initiated by European claimants represented by a large corporate firm, were brought against Aceris’ clients and concerned claims of fraudulent misrepresentation, fraud in the inducement, negligent misrepresentation and unjust […]
Aceris Successfully Resolves ICDR Arbitration for Canadian Respondent
Aceris Law has assisted another Canadian client in obtaining the successful resolution of an ICDR arbitration brought against it. The ICDR arbitration, initiated by a Fortune 500 American electronic commerce company against the Canadian respondent, concerned alleged illegal acts under U.S. federal law, alleged violations of Washington State law and claims of breach of contract. Following […]
The Seat of Arbitration in International Commercial Arbitration
The seat of arbitration (also known as the place or locale) is one of the most important factors to take into consideration when drafting international arbitration clauses in a contract and is often confused with the venue of the arbitration, which is not the same thing. The choice of the seat of arbitration can have […]