…policymakers, academics, and states. One of the issues raised most frequently has been its impact on costs and security for costs orders. Growing case law suggests that states will likely…
…a specified timeframe. As security, Wom issued several on-demand performance bonds totalling approximately USD 50 million. Wom alleges that it faced obstacles which hindered the timely implementation of the 5G…
…2014) enforced a supplemental award restraining the respondent to satisfy an interim award with escrowed funds. Another example concerning the deposit of security amount being enforceable as an interim award…
…arbitrators, consolidate proceedings, and fix costs. The Arbitration Rules also allow for emergency arbitrations and expedited proceedings and foster the use of technology throughout the process. We consider that the…
…to the work site (¶ 384). Non-Compliance with Provisional Orders Results in Sanctions for the State in the Form of Costs Finally, it is worth noting that the State’s disregard…
…of contract or according to the contract’s loss/expense provisions, to localised time-sensitive and/or disruption costs. The contractor sees advantage instead in taking exceptional measures in seeking to reduce those costs,…
…Sustainable development requires resources, which foreign states can access through foreign investment. Without robust substantive and procedural protections, investors refrain from investing altogether, or increase investment costs (borne by states)…
…for appointments; and difficulties advancing costs due to budgetary restrictions which can lead to a slower procedure. In addition, the ICC is conscious that the impact of an award may…
…Clauses clarify that FPS covers only “physical” integrity of investors and investments against interference. This seeks to distinguish other forms of protection and security (e.g., ‘legal’ security) and to avoid…
…On 4 April 2022, A. AG filed an application for attachment with the Regional Court of Bern-Mittelland for the amount of CHF 33,253,049.13 plus ancillary costs against the state of…
…concerned claim or defense; and the arbitral tribunal to order costs against the unsuccessful party where it is of the view that any such request was made frivolously (although the…
…want to gain access to the data that it has collected. The shift to remote working and cloud-based storage has made it more difficult for businesses to maintain data security….
…years by mostly now treaty-based ISA. However, as in the 1990s, concerns are again surfacing about escalating delays and especially costs (Part 3). Burgeoning costs and delays are due not…
Arbitration has emerged as a preferred and valuable tool for resolving disputes. However, the associated costs and time can sometimes deter parties from pursuing this avenue. Fortunately, there are various…
…arguably also somewhat questionable. Apart from arbitration costs and the duration of the arbitration, the Court considered the fact that the events underlying the dispute between the parties took place…
…such arbitration proceedings, the DIAC will apply the rules of procedure of the DIAC, including the tables of fees and costs, through the DIAC’s own case management systems, unless otherwise…
…traditional legal tasks. Technology has driven efficiency and reduced costs in some areas, but the underlying legal tasks have not materially changed. That may not be the case going forward….
…the CalArb website. Highlights include “Arbitrating in a Time of Trade War: Successfully Navigating the Minefields of National Security, Cross-Border Data Restrictions, Sanctions and US-China Decoupling to Achieve Fair and…
…to join simply because by joining, it must pay the arbitration costs, or at least, risk bearing them. Another possibility is to first arbitrate the dispute between the parties who…
…is necessary for the protection of its essential security interests” and to retain the right to “regulate in the public interest” and adopt measures to promote and protect those states’…
…since they take into consideration specific issues such as the de-mining costs, the rebuilding costs, or contractual penalties for instance. The main goal is to be prepared, collect, and present…
…of or in connection with more than one contract in a single arbitration. This provision allows parties to save time and reduce costs when resolving disputes arising out of two…
…on 30 May 2023 tackled the very topical issue of controlling costs in international arbitration. Looking Forward In view of the recent and upcoming developments in arbitral rules and…
…in the operation of the Duquesa Landfill and its various breaches of the concession agreement caused a public health crisis that endangered the national security and created a risk of…
