…the parties’ entire costs. Conversely, the main component of the costs is represented by the “costs of the parties”, and especially by counsels’ fees. On the one side, International Arbitration…
…liable for adverse costs orders, or orders to provide security for costs. The sub-committee’s support of third party funding is understandable. However, it is rightly concerned that Hong Kong should…
…shareholders. Compared to the DIS Rules, the Russian statutory rules are silent on the issues of the appointment of arbitrators, parallel proceedings, and the allocation of costs between the parties…
…the OHADA Council of Ministers. The schedule is intended to provide parties with a degree of foreseeability as to arbitrator costs, and to ensure that the costs are proportional to…
…interest (both simple and compound) (see Art. 47), thus removing any concerns over the availability of compound interest under e.g. UAE law, and (iv) to award party costs in the…
…in Dallah, are faced with identical issues post-issuance of an award. Preventing parties from re-litigating identical issues in different fora would not only increase efficiency and lower the costs of…
…is decided. In the event that Party A urged for costs to be imposed on the Arbitral tribunal, and the same was dismissed and extension granted, Party A might even…
…direct investment, the country’s compliance with contracts with investors, and even the security and stability of the country’s claimed international boundaries. Second, the company must engage in an early comprehensive…
…protection and security, the principle of national treatment, or illegal expropriation of their business and assets, among others. All these rights are at the center of international investment law and…
…this participation, which is implicit in the very nature of corruption, it appears fair that the Parties share in the costs» [see Metal-Tech Ltd. v. Republic of Uzbekistan, ICSID Case…
…a State’s prerogative which is recognized well under the international law, unless the tax is arbitrary and blatantly discriminatory. Full Protection and Security The Draft BIT did not have “protection”…
…jurisdiction, the Department of Commerce’s Bureau of Industry and Security (“BIS”) administers export and re-export restrictions on Cuba consistent with U.S. policy. All the items that are subject to the…
…At least parties will not be alone in suffering the costs of delay. In fact, it somewhat begs the question: don’t all arbitration institutions, including the ICC, already take into…
…464) Costs claim In the presently prevailing circumstances, the ICSID Tribunal found it appropriate to allocate costs on the basis of the loser-pays principle. This being said, the Tribunal decided…
By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International…
…are heavily used. This can be explained by the high costs involved, the sensitivity and importance of the energy sector, and the significant involvement of governmental bodies (i.e. regulators) and…
…of submitting the claim. Finally, Article 28 provides that costs will be allocated following the “costs follow the event” principle. These provisions are very welcome in investment arbitration. On the…
…against those who claim that greater transparency necessarily entails administrative costs for a tribunal, and consequently burdens the parties with additional costs, and may generate delays in the whole resolution…
…increased focus on timing and costs, as well as predictability, in arbitrator decision-making. We don’t need an oracle to tell us that these developments portend changes in international arbitration’s future….
…using the Redfern schedule. This, Abi-Saab argued, was the result of the “increasing Americanisation of procedures”. American law firms, he argued, have increased the costs of arbitration, making it a…
…security” interests, while still affirming substantive protections, by placing certain limits on the exercise of essential security measures. Although the broad essential security provision may remain in TPP, the United…
…to justice for those who are financially incapable of bearing the costs of an arbitration proceeding, the funded party will most certainly benefit from limiting the potential losses of an…
…of international oil companies concerning taxes against State entity PetroVietnam, and the tribunal ordered the claimants to reimburse PetroVietnam’s costs of the arbitration in full. In each instance the Government…
…to arrange suitable facilities for public hearings and to organise the necessary support and security. Physical access is however not necessary for a meaningful right of public access. Investment arbitrations…
