…or even investment treaty-drafters. However, these Principles might not be suitable for all arbitrations and should be carefully considered before adoption. For instance, security for costs should be determined…
…an elucidation that security for costs should be granted only under “exceptional circumstances”, article 38 provides some clarity with respect to the general conditions for granting security for costs. However,…
…of potential conflicts of interest may be relevant for an assessment of a request for security for costs, and vice versa. For this reason, Chapter 3 concludes by examining how…
… Costs in International Arbitration Costs in arbitration usually fall into two broad categories: (i) costs of the arbitration (i.e. the costs of the tribunal and institution (if any)), and…
…necessarily reflect the funder’s assessment of a claim’s chances of success. As regards to recovery of costs, Art 25 provides for security for costs which should allay any fears. The…
…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…
…of the arbitration. The case for early guidance on costs The arbitral tribunal must make various decisions with respect to the costs of the arbitration. For each of these, there…
…Institutions and the Foreign Elements Requirement Chinese courts uniformly recognize and enforce foreign awards, including the awards of foreign arbitration institutions and ad hoc tribunals, provided that genuine foreign elements…
…apply to foreign arbitral awards for three reasons. Firstly, the CPC, conscious of the different legal domains in which arbitration functions, explains that a foreign decree does not include an…
…costs. Law Commission’s Recommendations on Costs The Law Commission of India submitted its 246th report, where it specifically pointed out the need for amending the law on costs. The…
…for example due to clogged dockets and excessively lengthy procedures, or because of access limitations for foreign investors. Providing foreign investors with the possibility for recourse in an international forum…
…use foreign arbitration clauses for disputes without a foreign element. Firstly, where a foreign investor initiates foreign arbitration proceedings, it may be uncertain whether the Chinese counterparty would challenge the…
…for the purpose of disrupting their security. Due to by a New York Attorney General’s recent investigation, Zoom has committed, among other things, to implement various security measures including penetration-testing,…
…adequate security for costs, a demand BDMS was not willing to meet. Equally, BDMS was not willing to pay the other half of the advance on costs. Subsequently, the ICC…
…is for example doubtful that, under Article 38 of the 1976 UNCITRAL rules, Discovery costs can be treated as costs of the arbitration. Article 38 provides that “the term ‘costs’…
…claims and security for costs. In May 2015, at a High-Level Ministerial Conference held in The Hague, the International Energy Charter was adopted and signed by 65 countries and…
…say. The clause also stated that if a force majeure event continued for six months or more, the party invoking the force majeure was entitled to terminate the PSAs. The…
…even if wholly foreign-owned, are considered domestic companies for arbitration purposes. The rationale for amending this provision is that a foreign-owned domestic corporation likely has decision makers and witnesses in…
The designation of Hainan province as a Free Trade Zone (FTZ) in 2018 has sparked a great deal of interest for foreign investors. The proposal for a globally influential free…
…this European screening mechanism for foreign investments is “harmonization”, by providing first and foremost legal certainty for Member States that maintain a screening mechanism or wish to adopt one. Thus,…
…RSM from forfeiture on a technical point and it would have been interesting to see whether the tribunal had any comments about the enforceability of forfeiture clauses generally. For example,…
…clear that under the new regime tribunals are allowed to render orders for security for cost. However, under the structure of the proposed Rules, it appears that security for costs…
…continue to contend with: (i) applications by respondents for security for costs orders against claimants who are significantly funded by third parties; and (ii) applications by successful claimants for costs…
…the reimbursement of the advance on costs as well as the claim for interest. Below is an extract of the reasons for the sole arbitrator’s separate award. Reasons for the…
