…delays and costs increasingly evident in international arbitration, undermining its legitimacy. Conclusions Overall, the Zeph claims against Australia, as well as parliamentary inquiries into ratification of IIAs like AANZFTA’s…
…have been inappropriate to proceed with the enforcement proceedings. This follows from the perspective that staying the enforcement would save costs and other resources for both the parties and the…
…Costs Award, the Court qualified the ratios of both awards and decided that the responsibility for costs had already been determined, taking the Costs Award outside the realm of Mrs…
…equitable treatment and full protection and security. These submissions further confirm that an arbitral tribunal’s formulation of a purported rule of customary international law that is not based on an…
…proposal and triggered the arbitration clause. On 16 November 2022, the tribunal rendered the arbitral award (“the Award”) obliging NHP to compensate Thywissen damages, interest, and arbitration costs, including legal…
…process and accept the outcome as final and binding. After all, an AI arbitrator could offer some palpable advantages over human-led arbitration, such as reduced costs and faster resolution times….
…person against whom the order is sought. In this regard, a person requesting the provisional interim measure may be required by the arbitral tribunal to provide sufficient security to cover…
…term which stands for Cost and Freight Free Out meaning that generally the sellers pay for the shipping charges and the costs of unloading the goods at their destination. In…
…Fees and Costs prior to its appointment by the Centre.” 18 of the Surveyed Rules require the determination of the tribunal’s fees prior to delivery of or in the final…
…road, sea or other modes of transport, and the Respondent was to make certain payments in consideration for these services. The Claimant sought to recover the outstanding additional costs as…
…criteria to determine whether suspension of the proceeding was warranted or justified in that case: 1) balance of convenience; 2) costs and efficiency; 3) procedural propriety; and 4) fairness and…
…to this conclusion, the Court made three observations: The substance of the dispute had been decided in the 2014 Award; The costs of the arbitration and their allocation had been…
…and speedy clean energy transition, avoiding putting financial stability and energy & economic security at risk. This is especially so considering the so-called unavoidable “energy trilemma”, affecting any Party to…
…indemnity costs against the abusive party. Conclusion The Privy Council decision in Sian provides welcome clarification on the difficult issues arising out of the intersection between insolvency and arbitration…
…including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. On the AI and data protection sides, the EU’s AI Act…
…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…
