It is not uncommon to encounter international arbitration cases in which one party, usually the respondent, refuses to pay the advance on costs set by the institution. This may occur…
…for costs on the basis that counsel on the other side had multiplied the proceedings “unreasonably and vexatiously”. The judge imposed costs on the opposing counsel and noted that, where…
…tribunals to consider the costs of obtaining TPF in granting the costs of the arbitration. It is widely accepted that arbitral tribunals have broad discretion to award costs (including both…
…some essential tasks that can be undertaken by key players in international arbitration to protect privacy and data security and ensure a successful arbitration. Cyber Security Scandals In 2015,…
…issued a note on issues to be considered on the topic of security for costs and frivolous claims. Examining the proposed reforms to the security for costs regime against its…
…the parties third party funders refuse to fund. Other concerns raised by the panel were the allocation of costs (party-party or “loser pays”) and security of costs. Considering third party…
…of costs should not be affected by the existence of third-party funding.9)ICCA-QMUL Task Force Draft Report on Security for Costs and Costs 2015, p. 10. Conclusion A number of…
…[sic] of Arbitration”, and Article 2.1 of the Appendix on Costs of Arbitration annexed to the DIAC Rules, which provides verbatim as follows: “The costs of the arbitration shall include…
…arbitration and if so, when. Bernard Hanotiau has concluded that, “[i]t seems that the allowability of these costs as costs of the arbitration is generally not accepted. They should be…
…dispute. The proposed amendments also address the importance of third-party funding arrangements to decisions on security for costs. Originally, the revised rules on security for costs recognised the capacity for…
…in determining whether to order the appellant to provide security for costs and the amount to be provided. Yet, the security for costs order should not unduly undermine the appellant’s…
…orders that all of the Court costs and security be paid over—which is what happened here. In the rare cases where an appeal is successful Court costs and attorneys fees…
…St Lucia tribunal ordered the claimant to post security for costs in the form of an irrevocable guarantee for USD 750,000 to cover St Lucia’s potential legal costs. The RSM…
…arbitration. Apart from defining the ‘costs’ in arbitration to include TPF in Article 41(2)(g) of the Bill, Article 50(1) empowers the arbitral tribunal to fix ‘costs of arbitration’ in its…
…that costs follow the (substantive) event—this would introduce the concept of running procedural costs, unrelated to whether the party running up these costs prevailed on the merits. The second point…
…corresponding Danish equivalent subject to prevailing exchange rates rather than the reverse. Security for Costs Article 6 contains new provisions with respect to the cash deposit made as security for…
…meetings. These include issues associated with the duration and cost of investor-State arbitration proceedings, and related issues such as security for costs; issues of predictability and consistency between arbitral decisions;…
…and Conflicts of Interest (Chapter 4), Privilege (Chapter 5), and Costs and Security for Costs (Chapter 6). Debate existed on the Task Force about what form any work product should…
…information with respect to whether to order security for costs during the course of an arbitration, or to assess liability at the close of proceedings against an unsuccessful litigant 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, which…
…protection post-Achmea, interim measures, security for costs, emergency arbitration procedures, and transparency in investment arbitration, as well as the wider issue of ISDS reform. The first panel of the session…
…the rules on interim measures. This meant that costs could not be recovered even in case a party had been informed on TPF and asked for security for costs. Thus…
…Security for costs. A new provision of the draft rules empowers tribunals to order a claimant or counterclaimant to pay security for costs. If a party fails to comply with…
…(thereby reducing costs) and/or provide a capacity to seek security for costs. For example, Working Group III in its 39th session aimed to address frivolous claims and reduce the possibility…
