…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…
…a forum for negotiations between Ukraine, Russia and the Organization for Security and Co-operation in Europe (“OSCE”) regarding the conflict in the East of Ukraine. These negotiations produced the “Minsk…
…we understand arbitral decisions may form precedent because arbitrators too apply the law of the country (except when equity is the criterium chosen by the parties for the formation of…
…(sometimes called “best endeavours” or “reasonable endeavours”) to mitigate the impact of the force majeure event. Korea: Korean law does not provide a statutory definition for force majeure. However, the…
…to adopt national laws aimed at screening FDI potentially impinging on national security or strategic interests. This trend has grown out of concerns related to the foreign investments of sovereign…
…of the country where the investment is made. Article 2.4 of the India-Brazil BIT also provides for these characteristics of investment except for ‘significance for the development’ of the host…
…larger ones, directly or via annual fees for members. Was that to defray the costs of refreshments or physical venue space, and/or because participants pay more for the opportunity for…
…for taking of evidence and how objections may be made; l. planning for breaks (the duration and modalities for requesting short-breaks); m. whether additional services such as transcription and translation…
…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…
…for trade, economic development and peace, for example through the documentary film “The Quiet Triumph” and the book “Arbitrating for Peace” (published on Kluwer). Can you tell us more…
…made for preserving Omnipharm’s security for costs. The patents in question were EP 0,881,881 (the ‘881) and GB 2,317,564 (the ‘564), which related to “spot‑on” formulations of parasiticide fipronil for…
…foreign judgment recognizing the award, and then seeking recognition of that foreign judgment in the U.S. The personal jurisdiction rules for recognition of foreign judgments are somewhat more flexible when…
…foreign arbitral institutions to administer arbitrations seated in China, if a foreign-institution-administered arbitration is seated in the Lingang Free Trade Zone, which court should the parties go to for a…
…The conference, titled “International Arbitration in Pakistan: Opportunities for the Next Generation” was, in many respects, a first-of-its-kind in Pakistan. CIICA, based in Lahore, is Pakistan’s first centre for international…
…what system is proposed for this purpose. Adapting arbitration for the resolution of tender disputes The need for speed There are significant challenges in designing arbitration procedures appropriate for…
…the DL 600 regime, the main rights and guarantees of the foreign investor were: Guaranteed access to the formal foreign exchange market, both for incoming capital and for acquiring the…
…draft of the Cybersecurity Protocol for International Arbitration (“Cybersecurity Protocol”). The Cybersecurity Protocol originated as an acknowledgement from practitioners that arbitration proceedings are not immune to increasingly pervasive cyber-attacks. This…
…was maintainable. On the first issue, the High Court held that the award was a foreign award under the definition of “foreign award” in section 44 of Part II of…
…At the simplest level, a claim for additional costs suffered as a result of some breach will usually require an understanding of the difference between fixed, variable, and semi-variable costs….
…Adrian Fourie, Unionmatex v. Turkmenistan: The Emerging Jurisprudence of Security for Costs in Investor- State Arbitration Applications for security for costs raise fundamental principles of legal philosophy, with leading arbitrators…
…Editor for Latin America), Ashutosh Ray (Assistant Editor), Christine Sim (Assistant Editor for Southeast Asia), and Sadaff Habib (Assistant Editor for Africa). Daniela Páez (Assistant Editor for Latin America):…
…Vienna Convention on the Law of the Treaties (“VCLT”), which establishes the manner and date for a treaty to enter into force. The BIT’s Article 12(1) adopted a very formalistic…
…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…
…GDPR. Conclusion The benefits for arbitral institutions to push for greater emphasis and devoting resources towards cybersecurity and data protection cannot be understated. With the threats of cybersecurity constantly…
