The IBA Guidelines on Conflicts of Interest: Time for a Relook?
…is likely to increase the costs and result in time inefficiencies for both parties. This is particularly so where the arbitrator pool is small, making it difficult to find a…
Search Results for: security for costs
What To Expect When You’re Expecting Spanish Insolvency
…collective interest of the creditors is considered, one could always argue that the substantial costs of an arbitration are necessarily detrimental when compared to ordinary proceedings before the Spanish courts…
California, California International Arbitration Week, Intellectual Property, Intellectual Property Rights, Patent, Patents
California International Arbitration Week 2023: When Worlds Collide – Arbitration of International Patent Disputes
…perceived lack of procedural protections in combination with the possibly high costs of arbitration prevents companies from considering it as an alternative to litigation. Ms. Weiner however stated that this…
The Answer My Friend… Is Blowing In The Wind: ESG in EU-Related Supply Chains
…to such claims include obtaining and substantiating suitable information and costs to pursue such claims. Litigation finance can be a suitable solution in supporting meritorious ESG claims, but this is…
Where Efficiency and Sustainability Meet: A Model Clause to Align In-House and External Counsel on Carbon Emissions Reduction
…to a Green Action. Notably, the stakeholders who bear the costs of arbitrations – the parties – were not the subject of a dedicated Green Protocol, although they were undoubtedly…
International Sales, Arbitration and Corruption: A CISG perspective
…the circumstances of each case. It is, thus, a matter of weighing existing interests, efficiency, costs and the risks of conflicting decisions or jeopardy to either party’s right to properly…
ADR, Arbitration, Climate change, Cross-border transactions, Energy Charter Treaty, Energy Dispute, Green Arbitration, ISDS, Surveys
Arbitration’ Health Check at Times of Energy Dispute Surge. Findings from the 2023 QMUL – Pinsent Masons Future of International Energy Arbitration Survey Report
…respondents noted that energy supply and security issues triggered by Russia’s invasion of Ukraine will likely set back the timeframe for the transition away from fossil fuels, by a decade…
Japanese Renewable Investor Obtains Damages Award Over Spanish Regulatory Reforms
…that the special regime was based on the principle of a “reasonable return”, meaning a producer was only guaranteed to receive sufficient funds to recover investment costs and operating costs,…
Proceedings from the 5th Annual Schiefelbein Global Dispute Resolution Conference
…recoup their losses, likely through subsequent peace agreements. Mr. Vasani’s points led to disagreements among the panelists as to who should bear the costs of catastrophic events. In the case…
Arbitration Tech Toolbox, Artificial Intelligence, Cryptocurrency, Online Dispute Resolution, Technology
Arbitration Tech Toolbox: Taking Stock of Arbitration Tech Developments, a Half-Decade On
…past half-decade, technology has certainly continued to develop in ways that make arbitration more efficient in terms of time and costs. While new AI research tools like ChatGPT cannot, for…
Out of Order: Seeking the Court’s Assistance Under Section 42 of the English Arbitration Act
…had failed to comply with a London-seated LCIA tribunal’s order to provide security ostensibly because it had become impecunious. RQP, resisting the application, argued that ZYX had repudiated the arbitration…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 2 (February 2022)
…concerning the allocation of costs are based on the principle of distributive justice, the cornerstone of the rules establishing costs follow the event approach and the causation approach. Portuguese…
Arbitrability, Arbitration Agreement, English Arbitration Act, Singapore, Singapore Court of Appeal, YSIAC
Dispute over Matrimonial Service Website: Singapore Adopts Composite Approach in Declaring Dispute to be Arbitrable
…security in Malaysia and was subject to remedies specifically reserved to the jurisdiction of the Malaysian courts, the Malaysian courts’ approach indicates that arbitrability can be determined by Malaysian laws…
Additional Facility Rules, Arbitration Agreements, Awards, Enforceability, Enforcement, New York Convention, Reciprocity, Recognition and enforcement of arbitral award
Enforceability of ICSID Additional Facility Awards in Austria
…and ordered Libya to compensate Strabag in the amount of approximately EUR 75 million plus costs and interest. Strabag proceeded to apply for (partial) enforcement of the Award in Austria….
European Parliament Resolution On Third-Party Funding: A Step Too Far?
International arbitration proceedings typically involve fact-sensitive and technically complex transnational disputes, and usually require large legal teams, multiple expert and fact witnesses, making the costs skyrocket. In this scenario, a…
Interviews with Our Editors: In Conversation with the Honorable L. Yves Fortier
…acting as the President of the UN Security Council in 1989. Mr. Fortier was Chairman of the Sanctions Board of the World Bank and he served for 10 years on…
2022 in Review, Emergency Application, Emergency Arbitrator, Enforcement, Group of Companies Doctrine, India, Institutional Arbitration, Non-signatory
2022 Year in Review: Coming of Age of Indian Arbitration
…residual discretion remains with the court to enforce a foreign award, despite grounds for its resistance having been made out. In this case, the court also imposed substantial costs on…
Eighth Sarajevo Arbitration Day Recap: ECT Modernization and the Energy Transition in the Western Balkans: What Lies Ahead?
…of information about their CO2 emissions from investors and the US Security Exchange Commission. Other interesting cases included instances of private entities and states being sued for their failure to…
2022 Year in Review: Africa
…business, and that the AfCFTA will probably encourage intra-African disputes. Moreover, the 2022 African Arbitration Academy’s Survey on Costs and Disputes Funding in Africa (“2022 AAA Survey”) looks at costs…
2022 Year in Review: Switzerland (Part I: Arbitrator’s Independence and Impartiality, Enforcement)
…US $ 1.75 million and GBP 178,125.50. The arbitration costs are assessed at GBP 714,502.00, and any balance held by the PCA shall be remitted in equal shares to the…
2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration
2022 Year in Review: Arbitration-Related Developments in France
…ECHR and applied to arbitral awards in the BTS Holding decision (further discussed on the Blog). Refusal to Pay Advance on Costs and Inconsistent Challenge to the Courts’ Jurisdiction…
Arbitration Tech Toolbox: Cross Examination? There’s an App for That
…by ex-agents of the Israeli security services. Anyone can download the app and, using a mobile phone camera and microphone, record the subject answering questions. For US$ 29 per test,…
2022 in Review, Canada, Commercial Arbitration, Insolvency, Recognition and enforcement of arbitral award
2022 Year in Review: Commercial Arbitration in Canada
…of the costs of enforcement. However, before distribution of the proceeds, persons in Canada may wish to be satisfied that they are not in breach of the Russian Sanctions by…
2022 Year in Review: Widening the Human Rights Aperture for ISDS
…arbitration; rules requiring disclosure of third-party funding; and rules concerning costs allocation and provision of security for costs. As we have previously discussed (see prior Blog coverage, here and here),…