…influence over the arbitration. In a security for costs application, a key consideration is the financial situation of the party against which security is requested. Based on an extensive survey…
…the defendants fixed costs with regard to the costs of the appeal. As the parties were not able to amicably resolve the quantum of costs, parties made submissions on that…
…the parties to pay the advance on costs corresponding to its claims. If a party fails to pay its share of the global advance on costs, FAI will give the…
…having made submissions in relation to arbitration costs. QBE then served costs submissions on Mr Oldham, requesting payments of its costs and serving a costs schedule. The arbitrator gave Mr…
…articulated as “full protection and security”, “constant protection and security” or “continuous protection and security”, this standard of treatment is now in the midst of a full blown resurgence. A…
…and security for costs (Articles 42-44 and 33(6)-(7)): One of the main practical attractions of arbitrating under the VRI are VIAC’s very affordable costs, especially when compared with other arbitral…
…Registrar will not second-guess the tribunal’s assessment of reasonable costs. Indeed, given that the costs of the taxation proceedings themselves are frequently heavily taxed down in “Section 2” of the…
…of the breach (i.e. fixed costs). In the case of semi-variable costs, ascertaining which parts of those costs are fixed and which parts are flexible can be a difficult exercise,…
…security” interests, while still affirming substantive protections, by placing certain limits on the exercise of essential security measures. Although the broad essential security provision may remain in TPP, the United…
…phenomenon that raises a number of novel issues such as conflicts of interest, disclosure, security for costs, control over the claim or confidentiality, among others. In order to determine whether…
…the parties’ entire costs. Conversely, the main component of the costs is represented by the “costs of the parties”, and especially by counsels’ fees. On the one side, International Arbitration…
…of the proceedings and bear their own legal costs; (2) loser pays or also called “costs follow the event” approach (“CFTEA”) under which the losing party bears the costs of…
…claimant and respondent costs are significantly lower than the averages: US$2,913,786.50 is the median for claimant costs, and US$3,650,252.62 is the median for respondent costs. ICSID Tribunal Costs In 40…
…for costs, and (v) the obligation that funds must in fact be readily available by a funder. A very recent decision on the permissibility to grant security for costs against…
…won. This agreement is not linked to the arbitration proceedings as such.’ (See Draft Report of the Subcommittee on security for costs and costs of the ICCA-QMUL Task Force on…
…the SIAC 2016 Rules must specifically restrict costs allocation to “parties bear their costs” or alternately, “costs follow the event,” to foreclose Rule 27(g) cost shifting. Otherwise, any ambiguity may…
…of the costs of arbitration in full, reflecting a strict application of the “costs follow the event” principle. In 20% of the cases, the costs were split equally between the…
…sophisticated arguments on the allocation of the costs. The only well recognized principle in costs allocation is that Arbitral Tribunals have discretion on decisions on costs. As a result, the…
…Belgium-Luxembourg Economic Union BIT (1977) which expresses the concept as “continuous protection and security”. Accordingly, the FPSS may be referred to as “constant protection and security”, “continuous protection and security”,…
…Security Council Resolution 1929, the claim against Rosboronexport constitutes an attempt to overcome the UN embargo that has been prompted by Iran’s failure to observe previous Security Council Resolutions. Because…
…consolidation of proceedings, allocation of costs and security for costs, timely rendering of awards and consistency of ICSID annulment decisions. The proposed amendments help to address most of these issues,…
…to play”). The “winner takes it all” approach, commonly referred to as “costs follow the event” rule stipulates that the losing party compensates the winner for its costs. It is…
…question now is how to treat it. In a London-seated ICC arbitration, the Tribunal ordered the Respondent to pay the Claimant’s costs on an indemnity basis. This costs award included…
…of costs. Second, neither Claimant’s unfortunate position nor its efficiency in the Rule 41(5) procedure provide a good reason to allocate costs in its favor. Ansung Co. submitted that it…
