…a feasibility study, with the costs borne by PEL. The MOI contained a clause providing for arbitration under the International Chamber of Commerce (“ICC”) Rules. MOI negotiations were conducted in…
…Resolution Platforms In 2024, Online Dispute Resolution (“ODR”) platforms gained traction, with the goal of simplifying case management and reducing costs. For example, the Australian Centre for International Commercial Arbitration…
…as follows: it imposes a financial burden of approximately US$4,000,000 on Ecuador for sunk costs (pre-contractual liability) and moral damages; it violates Ecuadorian contracting laws, attributing liability without establishing a…
…increasing costs for parties. One contributor observed how this case serves as a reminder for arbitrators to draft awards meticulously, clearly identifying their scope and finality. In DJO v DJP…
…a potential violation of the principle of legal security or had acted arbitrarily. In light of the above, the BVG concluded that Achmea had not substantiated any violation of its…
…as, otherwise, the tribunal could hold the client liable for costs. Moreover, making groundless allegations of corruption could damage the counsel’s credibility in general. In conclusion, it was stated that…
…the awarded amount as security. Instead, a corresponding bank guarantee for the full or partial arbitral award amount (or any other form of security) could potentially provide adequate protection for…
…(such as early consultation, notice and comment procedures, or ex ante impact assessments) or a more substantive character aligned with legal certainty and security (consistency, transparency and predictability). As such,…
…of the “American Rule” on allocating costs and fees, which requires each party to pay their own legal fees, and (iv) a party’s obligation to disclose any third-party funder involved…
…deadline can erode trust in arbitration, cause delays and increase costs. The flexibility disrupts parties’ expectations of swift resolution, as they can no longer rely on the tribunal’s mandate being…
…and resolution of commercial disputes. The Business Imperative Business seeks certainty, security, predictability. Particularly in the context of FCASs, business looks for reassurance that the causes of fragility or failure…
…that any loss, including legal costs, stemming from the Decree or similar asset administration or seizures falls within its scope. Benefit to Respondent Claimants must demonstrate that the respondent directly…
…failure to “pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30…
…lowering costs for clients. However, it is essential to maintain accountability and transparency, as well as careful oversight. Mr. Michael Mroczek (Nozomi Sogo, Tokyo) delved into the EU’s AI Act,…
…significant governmental financial backing in the 1990s, especially given the costs of running state-of-the art facilities in an expensive city. He emphasized the key role that Hong Kong’s judiciary played…
…This article then identifies the lack of a private dispute resolution mechanism under the protocol, suggesting that the current institutions may fail to provide the requisite judicial security for settling…
…the principle of freedom of investment, allowing investors to operate in any sector, with only a few exceptions based on national security or other objective grounds (Articles 3, 8 and…
…connection to Romania. The respondent was ordered to refund the down payment for undelivered equipment and reimburse installation costs for delivered sets which the respondent failed to commission. More awards…
…thereby saving time and costs. This reform, if implemented, would set London apart from seats like Paris, New York and Sao Paulo which do not have a have a similar…
…the Respondents sought an adjustment of the Contract on account of additional labour costs arising from the Indian Ministry of Labour’s increase in minimum wages. DJO rejected the claim for…
…to split arbitration costs 50/50. Are TPP and TMC Parties to the Agreement? Although not explicitly addressed in the Award, it is understood by the author of this article…
…Act provides rights and obligations of participants and sets standards and procedures for evaluating and settling generation costs (“terms and conditions”). Mr. Jo highlighted that the legal status of these…
…the Tribunal has the power to compensate the Claimant with costs. Finally, it also considered that addressing this issue does not entail any consideration of the merits of the Claimant’s…
…and costs, and because that impact would be assessed and managed by the insolvency representative and the insolvency court, justified that the lex fori concursus would be the governing law.”…
