Costs in arbitral proceedings

Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Institutions and Rules, Costs in arbitral proceedings, Eastern Europe, International arbitration, Language of arbitration

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration Association, a non-governmental and non-profit association of legal professionals and other individuals interested in arbitration law and promotion of arbitration. BAC is the third arbitral institution…

Arbitral Tribunal, Costs, Costs in arbitral proceedings, IBA Guidelines on Party Representation, Sanctions

(González-Bueno & Asociados)/ /Leave a comment

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen. Guidelines 26 and 27 of the IBA Guidelines on Party Representation in International Arbitration have again raised the debate on the extent that Arbitral Tribunals are entitled to deal…

Costs, Costs in arbitral proceedings, ICSID Convention, International arbitration, Legal Practice, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized

(B. Cremades y Asociados)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

It is not uncommon to see the losing party of an ICSID arbitration filing a frivolous request for annulment merely to engage the opposing party in settlement negotiations. Another frequent abuse of ICSID’s annulment mechanism is to attempt to re-litigate the merits at the annulment stage. An annulment proceeding under the ICSID Rules typically takes…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Costs in arbitral proceedings, ICSID Convention, Investment Arbitration

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

and Oleg Temnikov Foreword The tribunal in Mesa Power Group, LLC v. Canada (PCA Case No. 2012-17, Procedural Order No. 2, 18 January 2013) recently stated with regard to bifurcation of proceedings that: “[I]t is good… to let the parties ‘know where they stand’… at an early stage and not to impose the burden of…

Arbitral Tribunal, Arbitration Awards, Arbitration Institutions and Rules, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Singapore International Arbitration Centre, Witness

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Singapore International Arbitration Centre (“SIAC”) has issued new rules that came into force on April 1, 2013. The rules changes are accompanied by new Practice Notes for cases administered by SIAC under its rules and the UNCITRAL rules that also came into force on the same date. While the changes do not reflect a…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized

(Pepperdine University School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as…

Arbitration, Arbitration Agreements, Costs, Costs in arbitral proceedings, Enforcement

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

In its important 2011 decision AT&T Mobility v. Concepcion, the United States Supreme Court sharply limited the grounds on which a court may invalidate an arbitration agreement. A recent ruling by the United States Court of Appeals for the Eleventh Circuit, In re Checking Account Overdraft Litigation MDL No. 2036, illustrates how lower courts are…

Arbitration Awards, Arbitrators, BIT, Costs in arbitral proceedings, ICSID Convention, Investment, Investment Arbitration, Jurisdiction

(International Moot Court Competition Association (IMCCA))/ /15 Comments

“Research is formalized curiosity…” – Z. Hurston In what follows I have tried to gather information from publicly available sources regarding some of the questions which have troubled my mind lately. It is hoped that the results would be of interest to the readers. For me, this proved to be one of my most exciting…

Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law

(Independent Arbitrator)/ /1 Comment

Monday’s New York conference on “Arbitration with States and State Entities under the ICC Rules” got me thinking about the possibility of amicus submissions in investment cases before the ICC or other institutions beyond ICSID. A few musings: Are amicus debates likely to arise in the ICC context? The answer is yes. Although most ICC…

Anti-arbitration, Costs in arbitral proceedings, Dispute resolution clause, International arbitration, Pro arbitration

(MDisputes)/ /2 Comments

Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular proceeding or party. My own comments follow each. I invite readers to amplify with their own views on how to handle these situations, or compare with issues they…

Costs in arbitral proceedings, Third party funding

(Independent Arbitrator)/ /Leave a comment

Yesterday’s post set the stage by describing the main provisions of a new voluntary Code of Conduct for “funding of resolution of disputes within England and Wales,” released in November 2011. Today’s post examines criticisms of that initiative from several corners, and notes important questions that persist in the arbitration arena, including issues surrounding the…

Costs in arbitral proceedings, Third party funding

(Independent Arbitrator)/ /2 Comments

The use of third-party funding for international arbitration has been growing for several years, and its potential benefits and risks have received increasing attention from the arbitration community. The November 2011 release in the United Kingdom of a Code of Conduct for funders has galvanized the debate. The Code is the first-ever attempt at voluntary…

Costs in arbitral proceedings, Efficiency

(Independent Arbitrator)/ /3 Comments

In my last blog, I offered praise for the ICDR, ICC and ICSID, for taking a number of important steps over the last few years to control excessive time and costs in international arbitration. Those initiatives already have resulted in measurable reductions in the average duration of cases. But there is more that the leading…

Costs in arbitral proceedings, Efficiency

(Independent Arbitrator)/ /Leave a comment

I’m honored to join today the fine ranks of contributors to this blog. For my first two posts, I thought I would offer a progress report of sorts on the critical task of controlling time and costs in international arbitration. This Part 1 focuses on the good news about various institutional reforms by the ICDR,…

Costs in arbitral proceedings, English Law, Third party funding

(Conway & Partners)/ /1 Comment

Third party funding probably has its longest history in Australia, followed by the United Kingdom. The irony is that both of these are common law jurisdictions in which the legal principles of maintenance and champerty exist. Indeed, they originated in the United Kingdom. What are maintenance and champerty exactly and do they exist today? More…

Costs in arbitral proceedings, Third party funding

(Conway & Partners)/ /5 Comments

Third party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing necessary for an international arbitration to move forward. This logically opens doors to those who may otherwise not be able to pursue the claim or assist those clients…

Appointment of arbitrators, Arbitration Institutions and Rules, Arbitrators, Costs in arbitral proceedings

(Editor in Chief, ASA Bulletin; LALIVE)/ /Leave a comment

The ASA seminar on “Arbitral Institutions under Scrutiny” on 9 September in Zurich yielded some interesting insight in the practice of arbitration institutions, and views of well-known practitioners on the problems faced by modern arbitration systems. After the general introduction from ASA President Michael E. Schneider, Lara Bander and Mehtap Tari Hirt, two post-graduate students…

Annulment, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Commercial Arbitration, Costs in arbitral proceedings, Due process, International arbitration

(White & Case LLP)/ /Leave a comment
White & Case

The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users of and commentators on international arbitration.1)See, for example, Jean-Claude Najar, ‘Inside Out: A User’s Perspective on Challenges in International Arbitration’, Arbitration International, 25 (2009) 515, 517. An informal study by the Corporate…

Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation

(MDisputes)/ /Leave a comment

Last week’s summer quiz on international arbitration and mediation provoked a happy flurry of answers from around the world from a broad range of practitioners. Before we get to the answers, here are some interesting observations from the empirical data that we unintentionally gathered. Conclusive Empirical Data about International Arbitration and Mediation Practitioners (“Practitioners”) As…

Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation

(MDisputes)/ /Leave a comment

If you live or work somewhere in the northern half of the planet, odds are that at some point this summer you’ll find yourself on a beach, cityscape, mountain, or other scenic destination surrounded with children relaxedly drawing on their coloring pads, and grandparents working attentively at their crossword. What about those of us who…

Costs, Costs in arbitral proceedings

(Notre Dame Law School)/ /Leave a comment

I am posting this CIArb’s press release for the benefit of our readers: The Chartered Institute of Arbitrators (CIArb) has launched a major survey into the costs of international arbitration. The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how…

Arbitrators, Costs in arbitral proceedings, Expert evidence

(Konrad & Justich)/ /Leave a comment

Everybody who has visited a certain number of arbitration conferences over the last few years has probably heard at least an equal number of contributions relating to costs in arbitration. Similarly, the number of written articles on the topic in legal literature is enormous and entire books are based on the subject. Considering that cost…