Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in Mainland China,…
…in the arbitration while the legal costs and other expenses amount to 83%. It has been suggested that efficiency plays a large role in determining the costs expended (discussed here)….
…segment capacity in the S-band spectrum, which was found to constitute a breach of the India-Mauritius BIT, was an action taken by an executive body (India’s Cabinet Committee on Security)…
…additional costs arising from delays. The appeal concerns less than 100 documents that were claimed to be protected by public interest immunity. The appellant sought to inspect these documents to…
…the tribunal’s power to award costs where the tribunal has ruled, or a court has held, that the tribunal has no jurisdiction (such as via a wasted costs order). Such…
…Time and Costs in Arbitration noted that time limits can create problems during the enforcement stage if they are unrealistic or not clearly defined. Considering the same, should tribunals constituted…
…permitting reasonable expenditure on, for example, living costs and legal representation). The primary use of such an order is to preserve the respondent’s asset position so as to ensure that…
…not affect the determination of arbitration administrative expenses. However, QICCA retains the discretion to reassess the costs for consolidated proceedings as it deems appropriate. Expedited Procedure The 2024 Rules introduce…
…law were complied with, including those on access to the courts (question 1) and extrajudicial collection costs (question 2). In short, question 1 – inter alia dealing with the requirement…
…is not in itself unique, but the Rules also specify in Article 48(d) that third-party funding costs can be considered costs of the arbitration. Article 55 (Other Alternative Dispute Resolution):…
…may be deemed null and void.” In interpreting Article 38(1) of the ICC Rules 2021, which deals with the costs of the arbitration, the DCC decided that Article 38(1) does…
…15 April 2020; and (iii) an award as to the costs of the arbitration on 8 November 2020. However, through its judgment of 4 December 2024, the LHC dismissed SpaceCom’s…
…than before, and may potentially outweigh the benefits of costs savings from not participating in the arbitration. This has the significant effect of compelling the challenging party to participate in…
…valid arbitration agreement. This also applies to enforcement proceedings that concern only a decision on costs in an arbitral award that dismisses the claim on the merits. AAB v….
…fact that a referral to arbitration would only add to delay and costs (see Arrangement relative à Endoceutics inc., paras. 163-70), or have simply held that arbitration in another jurisdiction…
…significantly higher costs to complete the same scope of work. Generally, engineering, procurement, and construction (“EPC”) contracts in the region are awarded on a lump sum basis, placing the inflation…
…funder could be directed to furnish security for costs on an interim basis to secure the cost award. The High Court answered in the negative, relying on two interconnected grounds:…
…of significant interests affecting non-participating parties. Thomas Adams, Non-compliance of Security for Costs Orders Although security for costs has seen a steady rise in recent years, the tools available…
…into proceedings after the arbitral award has issued would undermine the aims of preventing unnecessary legal costs and ensuring efficiency. At paragraph [70], Gilligan J cites Keenan, repeating the words…
…Spain sought to set aside the orders and the investors countered that the application be conditioned on the provision of security for costs by Spain. Spain argued that conditioning its…
…security? A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty….
…made. An Arbitration Clause May Be Deemed Unenforceable Due to Inability to Cover Arbitration Costs Another important development in case law occurred in Poland, where the Supreme…
…from its prior position and confirmed that the ICC Rules entitle the arbitral tribunal to award legal costs, including costs paid by a party to its legal representatives (Case No….
…that leads to this conclusion” (Award, para. 1144). All claims were ultimately dismissed by the majority. The majority also required the Claimant to reimburse Romania for its arbitration costs (USD…
