Procedural protections consist of fundamental principles, which include the right to equal treatment and the right to be heard. Procedural protections are also provided through deference to party autonomy and the arbitrator’s procedural discretion.[1] The UNCITRAL Model Law, national arbitration legislation, judicial decisions and institutional rules provide for equality of treatment in various ways. Article […]
Bifurcation in Investment Arbitration
In investment arbitration, it is rather common for arbitral tribunals to deal with preliminary issues prior to any consideration of the merits of a case. In such scenarios, the main question is whether to asses these issues together with other matters to be ruled upon in the final award or to deal with them in […]
Sovereign Immunity from Jurisdiction in International Arbitration
Sovereign immunity is divided into immunity from jurisdiction and immunity from execution.[1] The conditions under which these immunities apply are of particular importance in the field of arbitration. According to the French Supreme Court, sovereignty and independence of States prevent one of them from pursuing another.[4] In other words, national judges must refrain from ruling […]
Aceris Law Wins Another ICC Arbitration under Swiss Law
Aceris Law is pleased to have won another ICC arbitration under Swiss law for a European client regarding the construction of a cement plant in a West African State. Representing the Employer, the dispute concerned back charges, liquidated damages for delay and damages caused by the breach of the arbitration agreement. As usual, Aceris Law’s […]
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, […]