Interest Rate Trends in Investor-State Disputes in 2022-2023
…interest on costs. In addition, tribunals have addressed questions relating to the discontinuance of the LIBOR in cases where the parties did not agree on an alternative rate. The…
…interest on costs. In addition, tribunals have addressed questions relating to the discontinuance of the LIBOR in cases where the parties did not agree on an alternative rate. The…
…themselves in a precarious balancing act: on one hand, they must provide a degree of predictability and security to investors who, understandably, seek stability and clear rules; on the other…
…of carbon emissions and renewed apprehensions around energy security. Again, nuclear projects will experience similar issues giving rise to disputes as seen in the conventional and renewables sectors — but…
…arbitration costs, including for legal representation, could present an objective barrier to accessing both courts and arbitration tribunals. The objective inability to bear the costs at the time of adjudication…
…make their deal, while they should think more about the long-term relationships of the company. A further criterion is that costs must be reasonable. Considering that in-house counsel know the…
…of a full win, including costs, which was taken very badly internally because a specific point that was really important for the business was completely ignored. Marieke van Hooijdonk (Partner,…
…rule in their favor. Another obstacle lies in the considerable costs associated with training AI models, which could amount to millions of USD. The panelists were not aware of any…
…as well as a shift in strategy by the UN Security Council. The Effect of War and Crisis on Arbitration Vladimir Khvalei continued the discussion by providing real-world examples of…
…also require the applicant to provide security for costs. The emergency arbitration procedure follows the lead of many prominent arbitral institutions and provides the Centre with a notable advantage over…
…Case No. 10/2023 which confirmed that parties can no longer rely on the non-payment of an advance on costs to evade arbitration proceedings. This reflects a change in the usual…
…massive costs related to adapting to or mitigating climate change. They are suing to try to recover money to support those needs (see Global Climate Change Litigation database). One of…
…Ensuring Host States’ Ability to Regulate In today’s world, society is facing a myriad of challenges that require modern solutions. Climate change threatens global security. The pandemic triggered public health…
…key points were addressed by Mr Jin: Use English as the sole language of arbitration to avoid any misunderstandings from arising and to keep costs down instead of producing bilingual…
…that agreements were being written in languages not spoken natively by the drafters. The drafting issues had flow-on effects antithetical to the purpose of arbitration, such as heightened costs and…
…brought claims against Bolivia under the Treaty for expropriation (Article 5) and violations of fair and equitable treatment (“FET”) and full protection and security (“FPS”) (Article 2(2)). In summary, the…
…was that fatally weak claims were being drawn out unnecessarily and parties were incurring increased time and costs as a result. The ability to obtain summary judgment on a claim…
…policymakers, academics, and states. One of the issues raised most frequently has been its impact on costs and security for costs orders. Growing case law suggests that states will likely…
…a specified timeframe. As security, Wom issued several on-demand performance bonds totalling approximately USD 50 million. Wom alleges that it faced obstacles which hindered the timely implementation of the 5G…
…2014) enforced a supplemental award restraining the respondent to satisfy an interim award with escrowed funds. Another example concerning the deposit of security amount being enforceable as an interim award…
…arbitrators, consolidate proceedings, and fix costs. The Arbitration Rules also allow for emergency arbitrations and expedited proceedings and foster the use of technology throughout the process. We consider that the…
…to the work site (¶ 384). Non-Compliance with Provisional Orders Results in Sanctions for the State in the Form of Costs Finally, it is worth noting that the State’s disregard…
…of contract or according to the contract’s loss/expense provisions, to localised time-sensitive and/or disruption costs. The contractor sees advantage instead in taking exceptional measures in seeking to reduce those costs,…
…Sustainable development requires resources, which foreign states can access through foreign investment. Without robust substantive and procedural protections, investors refrain from investing altogether, or increase investment costs (borne by states)…
…for appointments; and difficulties advancing costs due to budgetary restrictions which can lead to a slower procedure. In addition, the ICC is conscious that the impact of an award may…