Advance on Costs

Advance on Costs, Arbitration Agreement, DIAC, Dubai

(Blanke Arbitration LLC)/ /Leave a comment

In a recent decision, Case No. 10/2023 dated 24 October 2023, the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around 2013 (see, e.g., Case No. 379/2013 (Real Estate), ruling of the Dubai Court of Cassation; and then also affirmed in Case…

Advance on Costs, Arbitration Agreement, Dubai

(Nayiri Boghossian FZE) and (Galadari Advocates & Legal Consultants)/ /Leave a comment

In a recent decision, the General Assembly of the Dubai Court of Cassation (“General Assembly”) decided that non-payment of the advance on arbitration costs does not affect the arbitration clause which remains in force and can continue to be relied upon by the parties. This decision reflects a complete reversal of the prior majority view…

Advance on Costs, DIAC, Dubai, Jurisdiction, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 8 June 2023 in Case No. 1514 of 2022, the Dubai Court of Cassation has taken a fresh look at a number of procedural questions that frequently arise in UAE-seated arbitrations under the 2018 UAE Federal Arbitration Law (“FAL”). There are three particular issues stemming from this recent ruling of…

Advance on Costs, Construction, Construction arbitration, Costs, Costs in arbitral proceedings, Dubai, UAE Federal Arbitration Law

(Nayiri Boghossian FZE)/ /Leave a comment

In a judgment issued by the Dubai Court of Cassation (“COC”) on 8 June 2023  (Dubai Court of Cassation No. 1514/2022 Commercial), the COC confirmed that the condition precedent of referring the dispute to the engineer prior to filing arbitral proceedings is an issue pertaining to admissibility, not jurisdiction. The same judgment also provided insight…

2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration

(Africa Global Logistics) and (Pinsent Masons)/ /Leave a comment

This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed in 2020 and 2021, and confirmed major developments of French arbitration law.   The Fear of a Substantive Review of Awards by the Annulment Judge Are French…

Advance on Costs, United Arab Emirates, Waiver

(Nayiri Boghossian FZE)/ /1 Comment

A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this debate does not only differ from one jurisdiction to another but may differ in the same jurisdiction. This blog post examines how the courts in…

Advance on Costs, asset freeze, Sanctions

, (AZHA Avocats)/ /Leave a comment

This post is the first in a series of three regarding the potential impact of economic sanctions on arbitral and financial institutions. The series addresses critical issues faced by such institutions as a result of restrictions on transfers of funds under primary and secondary sanctions programmes. This first entry discusses the potential effects of asset…

Advance on Costs, Arbitration Institutions and Rules, International arbitration

(Arias SLP) and (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

It is not uncommon to encounter international arbitration cases in which one party, usually the respondent, refuses to pay the advance on costs set by the institution. This may occur when that party objects to the jurisdiction of the arbitral tribunal or there is a risk that the advance will not be recovered after the…

Advance on Costs, Arbitration, Arbitration Institutions and Rules, Costs, Finland

(Hannes Snellman)/ /Leave a comment
Finland Arbitration Institute (FAI)

Introduction Article 48.1 FAI Rules provides that, in any international arbitration, FAI shall fix an advance on costs which the parties must pay in full before the case file is transmitted to the arbitral tribunal. Like under many other institutional arbitration rules, the starting point under the FAI cost regime is that FAI will fix…