Anti-Arbitration: It’s Not Hard to Mediate During Arbitral Proceedings
…side to incur costs in three different countries. Each side blamed the other, leading to claims and counterclaims totalling a bit less than $1 million. This is exactly the sort…
Search Results for: counterclaims
Mediator-arbitrators: the perfect match or no love lost? (A Valentine’s Day Blog)
…hand. In a recent arbitration we have seen, the tribunal’s attempts at encouraging settlement ultimately resulted in the amicable settlement of a complex set of claims and counterclaims running into…
Dispute Resolution in Abu Dhabi (Part IV): Is Conciliation Before Arbitration the Answer?
…sits and hears from each party claim, it’s and counterclaims. ADCCAC’s particular procedures require the Board to produce a written summary of the case and that summary, or minutes (as…
Law Commission’s Report to Revamp the Indian Arbitration Experience
…final adjudication of the dispute. To put an end to this practice, the Commission has proposed an explanation in the Act to ensure that counterclaims and set off can be…
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…it has the right to add counterclaims arising out of the same legal relation. Objections regarding the existence or validity of the arbitration agreement or the constitution of the arbitral…
New Model BIT proposed by Ecuador: Is the Cure Worse than the Disease?
…host State of the investment to file counterclaims in arbitration based on violations by the investor of its obligations under the treaty (e.g. human rights, environment, corruption, etc.). Additionally, in…
Set Aside Application Shredded: Hong Kong Court Refuses Set Aside Application in Joint Venture Dispute
…of its right to object. In particular, she noted that Chenming had not raised any objection during the proceedings and had even raised counterclaims against Arjowiggins. Further, the Court took…
Federal Court Enforces Arbitration Clause in Maritime Insurance Policy, Rejecting Reverse Preemption Claim
…the yacht had traveled south of the navigation limit in both the application and the policy. The underwriters commenced arbitration proceedings in New York, and Galilea filed objections and counterclaims….
The Three Hottest Energy Arbitrations of 2017
…December 2017, and expects to collect the balance by April. The parties have also agreed to an offset for the decision awarding Ecuador USD 42 million on its counterclaims, of…
Old Issues, New Horizons: Third-Party Funding in Morocco
…In addition, this mechanism concerns not only the claimant but also the respondent in the proceedings, which might eventually make well-founded counterclaims. The need for this financial solution increased substantially…
Review of new Rules of the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry
…now provide a new detailed procedure for submitting counterclaims and set-offs. In particular they establish time limits for submission of the counterclaim and set-off, and the consequences of an unjustified…
New Rules on Domestic Arbitration and Their Relation to the Rules Governing International Arbitration in Switzerland
…of the tribunal to decide counterclaims and set-off pleas (Article 377 CCP), • security for costs, in particular where the claimant appears insolvent (Article 379 CCP). As to the setting…
FIDIC Multi-Tier Dispute Resolution Clauses in the Light of Bulgarian Law
…a foreign arbitration award rendered in an ICC arbitration proceeding under the FIDIC Red Book 1992. In the award, the arbitral tribunal refused to consider counterclaims filed by the Contractor…
Corralling Defaulting Parties and their Unpaid Costs Deposits under the SIAC Rules 2016
…case may be suspended, or the relevant claims or counterclaims may be considered withdrawn (Rule 34.6, 2016 Rules). And leaving respondent to remain delinquent will not rehabilitate a respondent exhibiting…
Who Should Know The Law: The Arbitrators Or The Parties?
…be included in the first procedural order (terms of reference): The arbitral tribunal is to resolve all issues of fact and law that shall arise from the claims and counterclaims…
Allocation of Costs in ICSID Arbitration
…on which the winning party is itself the loser – in most cases, for example, States fail on their counterclaims. Thus, in e.g. Spyridon Roussalis v. Romania in view of…
MCIA, India’s best foot forward
…version of the claims and any counterclaims and certain additional procedural details. The next stage of procedure includes that for appointment of arbitrators, challenges and removal of arbitrators, governed by…
A Road Worth Taking: Brazil’s Tortuous but Ultimately Encouraging Path towards the Implementation of the New York Convention
…brought counterclaims and had consented to be bound by the arbitration during the course of the arbitration.), LITSA Líneas de Transmisión del Litoral S/A v. SV Engenharia S/A, SEC 894…
Istanbul Arbitration Centre
…claims and any counterclaims do not exceed TRY 300.000 (approximately Eur 94.000 or approximately USD 101.000). The parties may also agree that the Fast Track Arbitration Rules shall apply where…
“Any Party May Submit the Dispute to Binding Arbitration”: the Privy Council Examines the Option to Arbitrate
…no counterclaims, that Second Party would only be able to seek a declaration of no liability, and no positive relief. This option may not be appealing given the costs involved…
The EU Proposal Regarding Investment Protection: The End of Investment Arbitration as We Know It?
…(the TPP) for states to submit counterclaims, a measure which could also be efficient in limiting frivolous claims. The EU Proposal also clarifies that class actions are not admissible (Article…
Arbitration, BIT, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS
On ISDS, for the Record.
…tribunal’s jurisdiction is based), and do claim or counterclaim in ISDS proceedings. The institution of claims and counterclaims by States is also expressly provided for in Articles 36 and 46…
Swiss Supreme Court Extends Arbitration Agreement to a Third Party: Potential Risk for Corporate Groups
…one of the contracts. The division responsible for the project within B2 was subsequently transferred to B3. Party B1 initiated arbitral proceedings against A. Party A then brought counterclaims not…
Confidentiality, Consolidation, DIFC, Emergency Arbitrator, Expedited Proceedings, LCIA Rules, United Arab Emirates
A Happy New Year with the 2021 DIFC-LCIA Rules
…the Registrar. In the following, we briefly discuss these and other changes for some initial guidance. Early determination The 2021 DIFC-LCIA Rules allow summary treatment of claims, counterclaims, and…