The Return of “Forwarding” in the Costa Rican Arbitral World
…the year 2007 (returning to the past is not necessarily a bad thing) in which “Forwarding” in national arbitration was possible, in order to save the sunk costs and time…
Search Results for: security for costs
Recent ruling of Dubai Court of First Instance on enforcement of foreign arbitral awards: Back to square one?
…(see ICC Case No. 5277/RP/BGD), one preliminary award in relation to a discrete finding of fact, a final award on the merits and an award on costs. In the final…
Finality Confirmed, Constitutionality Upheld: Major Victory for International Arbitration Community in Australia
…to arbitration, and TCL counter-claimed. In December 2010, the Tribunal awarded Castel $3.67 million in damages and $732,500 in costs (“the Awards”). TCL was also awarded almost $200,000 for its…
Applicable Law, Arbitral Tribunal, Arbitration, Arbitration Awards, Investment agreements, Investment Arbitration, Uncategorized
Should Investment Treaty Tribunals Fly in Flocks? Predictability and Consistency in Arbitral Decision Making
…Cate, “The Costs of Consistency: Precedent in Investment Treaty Arbitration” on decisional burdens). The duty is not one of result (adopting the solution) in a consistent line of cases. The…
CIETAC, Enforcement, New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
CIETAC Arbitration Award Enforced in the U.S. Despite Alleged Forgery in the Underlying Agreement
…purchase price, including interest, and the costs of the arbitration. The Buyer asserted three grounds to oppose the enforcement of the award, namely, that (i) it did not receive “notice…
The 2018 Revision of the Rules of the Court of Arbitration Attached to the Chamber of Commerce and Industry of Romania – An Important Upgrade
…are slowly dissolving, with the new provisions amounting to yet another stepping stone, particularly in terms of combating concerns over time and costs. Emergency Arbitrator The emergency arbitrator is provided…
Arbitrating Bangladesh Labor Rights (Part II)
…binding arbitration, including, but not limited to, the allocation of costs relating to any arbitration and the process for selection of the Arbitrator, shall be governed by the UNCITRAL Model…
Tailwind for Arbitration in Uruguay: the Model Law Finally Reaches Safe Harbor
…shall not necessarily provide grounds for challenge (12.3). A specific definition and chapter on costs is included, inspired by the UNCITRAL Arbitration Rules, which shall be applicable in the absence…
Arbitration, Arbitration Proceedings, ICSID, ICSID Arbitration, ICSID Convention, Investment Arbitration, Mediation, Negotiation
Commercial Diplomacy as a Ways Forward to Resolving Disputes When They Arise in International Trade
…to what their overall needs are. Many organizations try to involve the investors by setting up users’ councils and task forces. From a user’s perspective, costs, the lack of efficiency,…
Hong Kong Arbitration Week Recap: 2018 HKIAC Rules and How They May Help in Resolving IPP Project Disputes
…because investors tend to pay in hard currency for IPP project costs while revenue may be in a different currency; obtaining various consents and permits which can involve multiple parties…
Are We Beyond The Model Law — Or Is It Time For A New One?
…the practitioners, academics, or arbitrators, and the less uniform the legal regimes are, the higher the “transactional costs” are likely to be for those users. What follows is a list…
Kick Off: HK Arbitration Week 2018
…Hanotiau also shared some personal tips on how to conduct arbitrations efficiently. Whilst telephone conferences save travelling time and costs, in-person meetings are often helpful to defuse tensions. He also…
Arbitration, Conciliation, Confidentiality, Dispute Resolution, Investment Arbitration, Uncategorized
A Rethink of Investor-State Dispute Settlement
…of third-party funding of investor-state arbitration pushing up the costs and the increasing tendency of amicus briefs leading investor-state arbitration to be more confrontational and non-confidential. The adverse impact of…
Confidentiality in International Commercial Arbitration: Truth or Fiction?
…arbitration filings can be critical, since it can be, for example, sensitive commercial information such as profit margins, production costs, pricing policies, know-how or trade secrets, the disclosure of which…
The Launch of the 2015 Queen Mary and White & Case International Arbitration Survey
…what mechanisms could be implemented to help control time and costs of international arbitration? Access to arbitration in “low value” claims: should there be simplified procedures for claims under a…
The New Arbitration Rules of CEPANI
…the dilator tactics of a party; the costs of the parties; etc. The new CEPANI arbitration rules will apply to all requests for arbitration submitted as of 1 January 2013….
The German Media Arbitral Tribunal
…law is the applicable substantive law (Article 4(1) of the DMS Rules). If the parties agree on the application of foreign law, they must bear the additional costs for obtaining…
Australia’s (In)Capacity in International Commercial Arbitration
…several calls for reform. Generally, delays and costs remain major disincentives to choosing and especially later pursuing ICA. This may be particularly true for a country like Australia following the…
Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data
The International Arbitrator Information Project: From an Ideation to Operation
…arbitrator selection, as well as reduced costs. Organizations that provide collective representation for parties, such as the OECD or the Corporate Counsel International Arbitration Group, should realize that their constituencies…
Proposed 2018 Amendments to Indian Arbitration Law: A Historic Moment or Policy Blunder?
…so high. Substantial costs for considerable period of time is one such reason. It would have been helpful if the Report could have included a cost-benefit analysis and financial feasibility…
Joinder of Third Parties: A Welcome Novelty Under the UAE Federal Arbitration Law
…costs, it contains a number of new provisions, which notably enhance arbitration proceedings seated in the UAE. The provisions on joinder of third parties are one good example of improvements…
Arbitration, Arbitration Agreements, Domestic Courts, ICC, ICC Arbitration, ICC Rules, Kuwait, Third party funding, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL Model Law
The First ICC Kuwait Arbitration Day
…of using arbitration to resolve disputes and how to manage costs during proceedings and finally recommended certain disputes that should be referred to litigation rather than arbitration. Dr Nassar considered…
Has Brazil Made a Unilateral Binding Offer to Arbitrate in the 2016 Investment Partnership Program (PPI)?
…costs shall be anticipated by the private partner at the commencement of the proceedings and when applicable they will be reimbursed under the terms of a final decision in arbitration….
Court Support for Arbitration In South Africa: Knowing Where You Stand
…of appeal rights, which should help reduce costs and delay. References[+] References ↑1 Gerald Metals SA v The Trustees of the Timis Trust and others [2016] EWHC 2327 ↑2 DTEK…