…judge may grant ex parte enforcement of an arbitral award or provisional measure, limited to protective measures, while allowing the opposing party to prevent enforcement by providing security. Best…
…which the Cabinet adopted on 22 February 2021. The policy intended to curb public expenditures, improve government efficiency, and reduce administrative costs caused by the proliferation of government agencies, which…
…plus interest and costs. (C) The Reformed English Arbitration Act and Ghana’s ADR Act It is important to note that Ghana’s ADR Act strengthens confidentiality obligations compared to the…
The high costs of international arbitration create a playing field where financial strength often determines the outcome rather than legal merit. For claimants facing well-funded corporations or sovereign States, litigation…
…selected an Ontario-based arbitrator in accordance with Article 69, the parties chose to conduct the arbitration in PEI to reduce costs and ensure convenience for counsel and witnesses. The arbitrator…
…costs incurred by the parties for the arbitration. Though it provides that the costs of the tribunal include the costs for tribunal-appointed experts, the provision does not explicitly exclude the…
…flexibility. Such guidelines may offer a false sense of security, as if there are best practices where none yet exist. As of 2025, no body of practice supports authoritative guidance…
…security. In such cases, parties are often asked to identify alternative arrangements for securing costs. Consent-based arrangements for security also carry risks. Once the arrangement is made, you cannot go…
…and additional costs had prevented them from meeting the COD and seeking a reduction in the penalties. Both arbitrations were seated in Buenos Aires and administered by the Permanent Court…
…of clients, Owen argued that they need a clearer picture of the alternative: knowing what litigation costs or how long it takes can make mediation more appealing. Internally, Edwards observed…
…creditors with prolonged timelines and increased costs. On an optimistic note, however, asset tracking and funding have become a valuable and integral part of the enforcement process. Lastly, with due…
…tide raises all ships. Timing is also crucial. ESG transformation is a long game, but the legal and financial costs of delay are mounting. Arbitration has a role to play,…
…secondly, that such an unwelcome addition to the process may inadvertently lead to delays and increased costs. Furthermore, it often results in additional cross-examination of evidence and can evolve into…
…management and drafting. These developments promise to improve efficiency and reduce costs. However, they also raise important concerns about accuracy, bias, and accountability—see, for example, previous blog posts regarding risks…
…submissions, while chatbot interfaces help users draft clauses and file claims. Innovations also included encouraging mediation and allocating costs based on party conduct to promote procedural discipline. The panel then…
…and information from the outset may inadvertently escalate time and costs. There is no one-size-fits-all solution; party intentions must remain central, and procedural standards must adapt to the nature of…
…and reducing time and costs, which are key considerations when deciding whether to opt for arbitration. The use of AI in transcription was cited as beneficial in jurisdictions such as…
…be interesting to understand how an arbitral tribunal apportions the costs, and whether such a decision on costs would subsequently be enforceable. In a recent decision rejecting enforcement of an…
…to propose formal modifications and may draw the arbitrators’ attention to issues concerning the merits of the case or the determination and allocation of costs, while respecting the arbitrators’ decisional…
…international law (“CIL”), including fair and equitable treatment (“FET”) and Full Protection and Security (“FPS”). In defining these obligations, the FTC Decision clarifies that “decisions of international courts and arbitral…
…victims of Nazi persecution face. But questions yet remain. The first matter concerns the costs of the arbitration. The arbitration rules provide that the procedure itself is free for the…
…of fair and equitable treatment, full protection and security, and national treatment. Guatemala’s Jurisdictional Objection Guatemala contended that E&R’s investment violated Article 123 of its Constitution, which prohibits foreign…
…and divest from affected operations without taking on the risks and costs associated with dispute resolution. The large awards in investment arbitration offer a potentially significant financial reward for investors…
…issues, including the admissibility of claims, applicable law, arbitrability of disputes, validity and interpretation of arbitration agreements, breach of contract, costs and interest, and termination of contracts. On admissibility, the…
