…allows tribunals to take into consideration (even for the allocation of costs) any non-compliance with an emergency arbitrator’s decision. In such a context, it is still unclear whether an interim…
…judgment, imposing costs on the party whose counsel engaged in professional misconduct, taking into account misconduct in weighing evidence, and even excluding counsel from further proceedings (for a survey I…
…costs.2)We are two long-time corporate in-house counsel (one active and one retired). One of us, Michael McIlwrath, is a current General Electric corporate counsel (and the chair of the Global…
…costs of the application. Takeaways It has been seven years since the handing down of the HTL Case, and the application of the “control test” to determine the existence of…
…this article shall not be construed as to preclude national security, public security or public order…”, and the article does not provide that MFN treatment apply to the dispute resolution…
…The Republic of Uzbekistan it is the only case where the “responsibility” of State is found in the award with respect to the allocation of costs between the parties In…
…costs. If the first reason for users to opt for arbitration (rather than litigation) is enforceability of the award, one might see the Hague Convention as a possible threat to…
…evidence” that the Executive Order is meant to serve national security interests, including: > The exclusion of national security agencies from the decision-making process; > The post hoc nature of…
…alternative valuation methods. Making reasonable estimates of future cash flows requires the expert to support his/her projections of the revenues and costs for the period for which projections are made….
…February 2015 (in relation to costs); for relevant background, see my previous blog, that recognised and ordered the enforcement of a Dubai International Arbitration Centre (DIAC) arbitration award for onward…
…of the costs of arbitration in full, reflecting a strict application of the “costs follow the event” principle. In 20% of the cases, the costs were split equally between the…
…potentially justify disclosure in support even though this could result in the parties incurring additional costs. 4. It can only be in the rarest of cases that arbitrators should be…
…anticipates further development of the concept in Asia. Dr. Nicolas Wiegand, Can Asia Cut the Costs? Abstract: In recent years, Asian arbitration hubs such as Hong Kong and Singapore are…
…questions related to value-added tax (VAT) in connection with the fixing of the advances on costs and determining the final costs of the arbitration. It was noted that while the…
…argued that a “comfort letter” committed the international investor to fund power costs owed to an energy supplier. The economic analysis undertaken in this case showed several facts: i) the…
…costs, incurred by financing the overcharge suffered by them. Microsoft contended the jurisdiction of the English High Court based on Article 4 of the Brussels I Regulation (Recast), as Sony…
…treatment, full protection and security, most-favored-nation treatment, etc.), while the latter focuses on contractual breaches of a commercial nature, which do not necessarily derive in breach of international law. Tribunals…
…Rules which came into force on 1 March 2017 (see here). The incorporation of expedited procedures is a response to the need to control the costs and length of arbitration…
…funding; consolidation; preliminary objections and first session; witnesses; experts and other evidence; discontinuance of a case; awards and dissenting opinions; security for costs and security for stay of enforcement of…
…public policy.” The district court relied on the decision of U.S. Dep’t of Homeland Security v FLRA (DHS) to find that the award was contrary to public policy. In DHS,…
…the need for translation) and the related costs. This may however be a miscalculation, aside from political considerations of protectionism, professional ethics or civil liability issues. Indeed, neither the limited…
…of costs. Second, neither Claimant’s unfortunate position nor its efficiency in the Rule 41(5) procedure provide a good reason to allocate costs in its favor. Ansung Co. submitted that it…
…318) that IAA s27 currently “refers to an arbitral tribunal’s power to make an award as to costs and to tax or settle the amount of costs to be paid…
…a PCA tribunal seated in Singapore released its final award on costs. It is this final PCA award that the plaintiffs are seeking to enforce against Lesotho in Singapore. The…
