…rule of the “costs follow the event” and ordered Uruguay (as the losing party) to pay a portion of Claimant’s costs. Conclusion The recent ICSID award in LARAH v….
…along with non-compounding interests and arbitration costs. The arbitral tribunal also concluded that there was insufficient evidence to establish that payments made by Odebrecht to the anti-recall campaign were related…
…existing mechanisms may appear easier in the short-term, the long-term costs in terms of efficiency and trust in the system could be significant. In light of the above, it would…
…costs of the proceeding and to compensate Clorox for its legal costs. Discussion During the more than nine-year long course of the Clorox v. Venezuela arbitration, the SFSC dealt with…
…costs, funds remaining at the end of the arbitration, but also damages awarded. The European Commission has issued several clarifications on the notion of control, but the situations are not…
…costs are starting to decrease, the technology’s high design complexity and need for customization to each stationary pollution source and geography might keep prices in the high-end range for a…
…to cover costs and the reparation of any prejudice that may result from such a measure. Such a decision is binding on the parties but one of them may, if…
…well as limiting AI-related expert evidence – may also be welcomed by parties seeking quicker resolutions of disputes at lower costs. However, the broad definition of AI in the JAMS…
…for resolving complex transnational disputes, valued for similar reasons. Nonetheless, recent criticisms of international arbitration include its high costs, inefficiency, and the challenges posed by linguistic and cultural differences, as…
…close to US$5 million, in addition to the cost of the arbitral tribunal itself. The high costs partly reflect the complex issues at stake and the specialist expertise needed. But…
…parties and lawyers try to excessively control certain aspects of the proceedings: Length/extension: setting unrealistic deadlines that complicate the proceedings and create unnecessary hurdles. Cost/expenses: attempts to strictly control costs,…
…Tribunal rejected the Claimants’ claim and awarded part of the costs to Panama as the prevailing party, highlighting the complexity of the issue. Background of the Dispute Omega Engineering…
…extortion could constitute a violation of the Full Protection and Security (“FPS”) standard typically found in such treaties. Background During the last 17 years, ever since Mexico launched its…
At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”)….
…arbitration is initiated) will also have powers to grant requests for security of claims and other interim measures during arbitration proceedings, to appoint, challenge and replace arbitrators, to secure evidence,…
…to justice, with costs being one of the main areas of concern. Crina Baltag and Rodrigo Garcia da Fonseca noted that there is a tension between the right of an…
…ECT may not immediately impact existing investments but could deter future investments, as new projects would lack the long-term security provided by the treaty. This reduced security could lead to…
…in arbitration at Hong Kong. Mistelles also explained the rule of law as “patrols of the arbitral perimeter”. Simply put, this requires disputes to be resolved without prohibitive costs and…
…for the winning investor to successfully apply for security for the claim to be provided by the State challenging the award. This puts the award creditor in a much less…
…a legal basis for the recoverability of costs. Therefore, TPF costs are highly likely to be successfully challenged in courts. Christopher Lau referred to a case in Singapore in which…
…the proceedings. Furthermore, securing payment and managing costs in cases involving sanctioned entities requires meticulous planning and often necessitates applications for security for costs to mitigate the risk of non-payment….
…to bring early applications because it implies more costs. Timothy Mayer followed up with funders’ perspective, particularly with respect to security for costs. Funders are no longer worried about applications…
…recognition of AI’s undeniable advantages in reducing costs and enhancing efficiency. The potential of AI to ease the decision-making process and case management for arbitrators and counsels continues to grow….
…measures, security for costs), which are perfectly valid tools. And some procedural rules, such as e.g., the Rules of the London Court of International Arbitration (“LCIA”), allow arbitrators to be…
