…specific information security measures: (1) risk profile of the arbitration; (2) existing information security practices, infrastructure, and capabilities of parties, arbitrators, and the SCCA; (3) burden, costs, and relative resources;…
…engineering disputes, considering concerns from clients about costs and lengthy proceedings. Mr. Sydenham emphasized the need for efficiency provisions to be explicitly incorporated into institutional rules, and for arbitrators to…
…feedback and noted that arbitrators with poor reviews would be removed from the list of arbitrators. Benjamin Hughes cautioned that due process paranoia can increase costs undesirably. Jamie Harrison mentioned…
In recent years, criticism that international arbitration rules lean too heavily on common law traditions—with similar legal costs as a result—has culminated in the creation of multiple new sets of…
…shrimp farm was destroyed as a result of an operation by the Sri Lankan Security Forces. Naomi Briercliffe added that there are other more recent examples such as the cases…
…even if costs were an important consideration for Indian parties, LCIA would have a lower costs model overall (even with its ad-valorem model) and thus, still an excellent choice. Devika…
…involving complex projects, may be a suitable solution given the advantages of low costs and party autonomy of mediation. The third panel of the main conference, addressing “Navigating the maze:…
…Gloster observed that courts rarely granted such challenges but noted that such challenges presented practical constraints and led to significant costs and delays. The Law Commission proposes certain reforms, including…
…(iv) reshaping the normative framework governing TPF and security for costs. Ms. Argac also emphasized the need to select counsel, arbitrators and experts who have a thorough understanding of these…
…the former Eastern Bloc after the end of the Cold War, the multilateral treaty was drafted to serve as a framework for energy cooperation, energy security, and the protection of…
…elements will be retroactively added “across the entire floorplan” to all existing treaties, on matters such as third-party funding, security for costs and damages. Such elements will be added to…
…A round of skeleton arguments summarizing the parties’ positions; and Costs submissions. Given that time is of the essence, not all the above may be necessary. For example, it may…
…submit claims independently may be empowered to join claims and reduce their costs making it possible for them to seek relief through the ISDS system. Third-Party Funding – This developing…
…disputes, and discussed the relevant factors in each case including less obvious ones such as costs due to the time value of money or collateral damage caused by disclosure. By…
…of litigation. Notably, the court harbored a negative attitude towards the practice of facilitating or encouraging parties to initiate litigation by lowering the ex-ante costs as this could increase the…
…and equitable treatment”, one of the most common protections in investment treaties. Other protections like “full protection and security”, “most favoured nation treatment”, and the “umbrella clause” are also absent….
…page 4). Moreover, domestic litigation might entail significant costs or delay for the parties. And finally, even where a court issues relief to a victim(s), enforcement of the judgment in…
…had breached its contract and therefore was under an obligation to pay damages plus interest and the costs of the arbitration to Tricon. Respondent was served with process but did…
…software for on-chain enforcement may indeed revolutionise the way we recover crypto-assets, reducing transaction costs. And international arbitration may be best placed to take full advantage of this innovation. References[+]…
…application for attorney’s fees and costs. On appeal before the U.S. Court of Appeals for the Second Circuit (‘Second Circuit’ or ‘the Court’), Ferrominera challenged the lower court judgment on…
…and international arbitrations. He mentions that remote hearing comes with many advantages, for instance, the parties bear significantly lower costs because they are not required to fly the arbitrators, lawyers,…
…his book has to offer. Conclusion Typography is important for arbitration lawyers. It is our job to persuade. We must avoid losing a tribunal’s attention at all costs, for…
…not prejudge the merits (e.g., measures aimed at preservation of evidence or production of documents or security for costs). According to Sébastien Besson, the notion of provisional measures has evolved…
…projects, limiting damages to some costs. From Mr. Kirtley’s point of view, more problems arise when the quantity of available resources cannot be ascertained. For instance, if a social protest…
