…not affect the determination of arbitration administrative expenses. However, QICCA retains the discretion to reassess the costs for consolidated proceedings as it deems appropriate. Expedited Procedure The 2024 Rules introduce…
…law were complied with, including those on access to the courts (question 1) and extrajudicial collection costs (question 2). In short, question 1 – inter alia dealing with the requirement…
…is not in itself unique, but the Rules also specify in Article 48(d) that third-party funding costs can be considered costs of the arbitration. Article 55 (Other Alternative Dispute Resolution):…
…may be deemed null and void.” In interpreting Article 38(1) of the ICC Rules 2021, which deals with the costs of the arbitration, the DCC decided that Article 38(1) does…
…15 April 2020; and (iii) an award as to the costs of the arbitration on 8 November 2020. However, through its judgment of 4 December 2024, the LHC dismissed SpaceCom’s…
…than before, and may potentially outweigh the benefits of costs savings from not participating in the arbitration. This has the significant effect of compelling the challenging party to participate in…
…valid arbitration agreement. This also applies to enforcement proceedings that concern only a decision on costs in an arbitral award that dismisses the claim on the merits. AAB v….
…fact that a referral to arbitration would only add to delay and costs (see Arrangement relative à Endoceutics inc., paras. 163-70), or have simply held that arbitration in another jurisdiction…
…significantly higher costs to complete the same scope of work. Generally, engineering, procurement, and construction (“EPC”) contracts in the region are awarded on a lump sum basis, placing the inflation…
…funder could be directed to furnish security for costs on an interim basis to secure the cost award. The High Court answered in the negative, relying on two interconnected grounds:…
…of significant interests affecting non-participating parties. Thomas Adams, Non-compliance of Security for Costs Orders Although security for costs has seen a steady rise in recent years, the tools available…
…into proceedings after the arbitral award has issued would undermine the aims of preventing unnecessary legal costs and ensuring efficiency. At paragraph [70], Gilligan J cites Keenan, repeating the words…
…Spain sought to set aside the orders and the investors countered that the application be conditioned on the provision of security for costs by Spain. Spain argued that conditioning its…
…security? A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty….
…made. An Arbitration Clause May Be Deemed Unenforceable Due to Inability to Cover Arbitration Costs Another important development in case law occurred in Poland, where the Supreme…
…from its prior position and confirmed that the ICC Rules entitle the arbitral tribunal to award legal costs, including costs paid by a party to its legal representatives (Case No….
…that leads to this conclusion” (Award, para. 1144). All claims were ultimately dismissed by the majority. The majority also required the Claimant to reimburse Romania for its arbitration costs (USD…
…change of circumstances as compared to the time the parties agreed on the dispute resolution clause. In the Court’s view, unreasonable financial, temporal, or reputational costs required to initiate, continue,…
…aircraft. The Paris Judicial Court authorised the interim attachment of three Nigerian presidential aircraft undergoing maintenance in France as security under the ZFII v Nigeria award. This echoes the never-ending…
…potential bureaucratic hurdles, as the registration requirements could delay proceedings and increase costs. Costa Rica: Enhancing Clarity for International Cases In August 2024, Costa Rica has unveiled its first…
…extremely urgent circumstances exist, and the interests of the applicant outweighs the harm that may be incurred by the party against whom the emergency relief is directed. Costs and Fees…
…of the minimum standard of treatment vis-à-vis an investor with no vested right. The Seda award was also positive for Colombia; it analyzed the functioning effect of security exceptions. Kilian…
…Whilst these tools can reduce costs and increase efficiency in the arbitration process, they can also raise significant regulatory and ethical questions in relation to risks of fairness and bias,…
…parties save both time and money. The detailed 2024 report on the costs of SCC arbitration and the apportionment of costs under the SCC Rules compared arbitrations from 2015–2022 with…
