…is rendered. This could have costs implications as parties may have no choice but to carry on with the arbitration, only for a court to find that the proceeding was…
…implement compliance measures accordingly. In practice, this requires arbitral institutions to establish clear policies on data privacy, especially regarding cross-border transfers of personal data. Security Obligations and Appointment of…
Critical minerals have recently become one of the most sought-after commodities. The clean energy transition and national security concerns have only boosted their demand. According to the International Energy Agency…
…increased costs by jeopardizing the integrity of private adjudication. Conclusion The Court has developed a concrete rule in the common law regarding international arbitrations and the interpretation of…
…clear up inconsistencies in those statements, and performing legal research on a global scale was also highlighted. Information security through means of tokenization was also discussed. Currently, document review and…
…security. Despite some innovative developments in drafting BITs binding some Central Asian States regarding counterclaims, major case law remains sparse, leaving an uncharted territory ripe for exploration. Nevertheless, Mehtiyeva identified…
…whether mandatory mediation could still be useful, or whether it would merely incur additional costs and delay the arbitration proceedings. Van den Berg highlighted that in its decision of 12…
…governments may resort to resource nationalism by characterizing critical minerals as essential for their national security. To overcome these obstacles and mitigate related risks, the panel noted the importance of…
…to avoid the incurrence of unnecessary costs, which could weed out cases with little prospect of success, was supported by these groups. Other issues addressed in the UK reform (for…
…and unfair.” They argue that, while they fulfil their obligations and incur in significant costs, the ISA’s failure to act risks breaching their “legitimate expectations [and] fair and equitable treatment…
…Managing this data deluge requires a robust infrastructure and advanced algorithms, with a particular focus on their trustworthiness and security. AI and XR will, naturally, also pose ethical dilemmas. As…
…costs. Additionally, the Report aims to amend the waiver principle in Article 1466 CCP, reversing the controversial Schooner ruling, which allowed parties to raise new arguments and evidence on jurisdiction…
…problematic when disputes reach arbitration. These challenges are compounded by misaligned objectives among stakeholders: clients focus on costs, contractors on profit, and designers on functionality. Moreover, Garbutt warned that when…
…Article 46(3) of the Japanese Arbitration Act, 2003 requires the posting of security by the applicant seeking to suspend the enforcement of an award. A similar provision exists under section…
…At the very least, a full de novo review of arbitral jurisdiction could add considerably to the length and costs of the proceedings. At its most extreme, it could allow…
…60-day timelines for court proceedings (paragraph 16.3(vi)) and 270-day timelines for appeals in arbitration-related matters, as well as imposing punitive costs for obstructive practices (paragraph 15). It promotes the allocation…
…not to determine that the Early Production of Evidence is extinguished by the subsequent filing of the main arbitration (see Regulation, Article 13). Lastly, the Regulation organizes the costs of…
Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in Mainland China,…
…in the arbitration while the legal costs and other expenses amount to 83%. It has been suggested that efficiency plays a large role in determining the costs expended (discussed here)….
…segment capacity in the S-band spectrum, which was found to constitute a breach of the India-Mauritius BIT, was an action taken by an executive body (India’s Cabinet Committee on Security)…
…additional costs arising from delays. The appeal concerns less than 100 documents that were claimed to be protected by public interest immunity. The appellant sought to inspect these documents to…
…the tribunal’s power to award costs where the tribunal has ruled, or a court has held, that the tribunal has no jurisdiction (such as via a wasted costs order). Such…
…Time and Costs in Arbitration noted that time limits can create problems during the enforcement stage if they are unrealistic or not clearly defined. Considering the same, should tribunals constituted…
…permitting reasonable expenditure on, for example, living costs and legal representation). The primary use of such an order is to preserve the respondent’s asset position so as to ensure that…
