Initiating an LMAA arbitration is a simple process: it normally requires serving a Notice of Arbitration directly to the opposing side, which includes only skeletal information about the parties, the constitution of the arbitral tribunal, the claims and the relief sought. We discuss the role of the LMAA in an LMAA arbitration (Section I), the […]
Human Rights Law and Investment Arbitration
Human rights law is relevant in the realm of investment arbitration. This does not come as a surprise: both investors and host States may turn to public international law provisions, including human rights treaties, to reinforce their respective positions or to put forward autonomous claims. While little attention was initially given to human rights law […]
Aceris Law Secures USD 34,539,957 Final Award for American Client in ICDR Arbitration
Aceris Law is pleased to announce that it has secured another favorable arbitration award for a well-deserving client, this time for an American client in a cloud storage-related industry, facing an East Asian party in an ICDR-administered arbitration. While the case is non-public, the arbitration, governed by New York law, concerned issues of American securities […]
Non-Payment of Advances on Costs in Arbitration
The commencement of international arbitration is conditioned by payment of advances on costs, after the payment of a filing fee. Unlike domestic courts, which are publicly-funded, advances on costs are needed to pay the fees of private arbitrators. If the arbitration is administered, costs also need to be advanced to pay the administrative costs of […]
Effective Means Provision in Investment Arbitration
In addition to typical standards of investment protection such as fair and equitable treatment, national treatment or most-favored nation treatment, investment treaties sometimes contain an effective means of asserting claims and enforcing rights provision, commonly known as an “effective means provision“. This provision figures mainly in investment treaties concluded by the USA, such as the […]