Should I Arbitrate My Patent Dispute?
…attorneys, and under an agreed upon legal regimen, thereby reducing costs and the time to resolution, while eliminating the risk of conflicting decisions. The UK Court of Appeal recently acknowledged…
Search Results for: security for costs
Expeditious Dispensation of Justice: ADR The Way Forward? – Perspectives from Pakistan
…without permanent partners. The costs fallacy, that ADR and arbitration increase the overall cost for dispensation of justice. The arbitration law reform fallacy, that the status of the arbitration law…
Arbitrating Small Value Claims in Investment Arbitration
…if not managed right. With these key considerations in mind, the Report examines the available procedural tools to minimize costs in such cases while ensuring that parties achieve swift and…
Mexico’s New Energy Sovereignty Puts the USMCA Dispute Resolution Mechanisms to a Test
…the electrical grid -energy security-, but also the right of the state to determine the origin, quality, methods of control and efficiency of those resources. As such, the exercise of…
Highlights from CanArb Week 2022: The 2022 ICC Canada Conference – The New World
…to the future of costs in arbitration and focused on whether more reasoning is needed as the amount of costs awarded increases. For example, a losing party may wish for…
The Contents of the Yearbook Commercial Arbitration, Volume XLVII (2022), Upload 3
…Second, a sole arbitrator found on the facts of the case that the estimate in the parties’ agreement for the costs of the development of an IT system was not…
World Arbitration Update: “Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World” – Book Launch Program
…62 VCLT in connection to IIAs. The State’s National Security Interest and Force Majeure In the intricate IIL regime, States’ efforts to maintain national security are in the limelight….
Practitioners’ View of the New ICSID Arbitration Rules: A Step in the Right Direction, but Many Unknowns and Risks of Abuse
…Expressly Order Security for Costs As pointed out by one of the panellists, an express provision on security for costs (Rule 53) brings much-needed clarity on the power of the…
2022 Nigeria Arbitration Bill, 2022 Sierra Leone Arbitration Act, AAA Model BIT, Ad hoc arbitration, AfCFTA, Africa, World Arbitration Update
World Arbitration Update: Legal Developments in Sub-Saharan Africa – Africa’s Blooming
…the Africa Arbitration Academy survey on costs and disputes funding in Africa, which showed that the duration of the process is one of the main factors affecting the costs of…
World Arbitration Update: Taking Stock of the ECT Modernization Process – Fit for the 21st Century?
…with the laws of the home state. Similar to ISDS reform discussions in other fora, transparency, security for costs, third party funding, damages and frivolous claims were the main topics…
Achmea, ECT Modernisation, European Court of Justice, European Union, Fair and Equitable Treatment, fossil fuels phase out, Investor-State arbitration, ISDS Reform, right to regulate, Treaty Making
Expert Roundtable: The Energy Charter Treaty at a Crossroads
…the ECT: a treaty that in 1998 sought energy investment liberalization “at all costs”. The discussion engaged closely with the challenges that the ECT poses to climate goals. It was…
Arbitrator Challenges, Costs, Due process, Efficiency, Expedited arbitration, IBA Guidelines on Conflicts of Interest, KCAB, Korea, Multi-tiered clauses, Seoul ADR Festival, Virtual hearings
Seoul ADR Festival Recap: Procedural Innovations in International Arbitration
…dispute have often already talked prior to instructing lawyers, making the multi-tiers redundant or even increasing time and costs. Mr. Henderson argued that mediation should not be formally required as…
Australia, Australian Arbitration Week, Emergency Application, Emergency Arbitrator, Emergency Measure, Injunction, Interim measures, Interim Order, Interim Orders, interim relief
Australian Arbitration Week Recap: The Great Debate – In an Emergency, Do You Arbitrate or Litigate?
…hidden costs of arbitration and how judges have a greater public interest in seeing a dispute be resolved swiftly. Raj Pillay spoke about the public benefits of litigation, the creation…
Commercial Arbitration, ICCA Edinburgh 2022, Investment Arbitration, sociology of international arbitration
Arbitration’s Age of Enlightenment? A Look Back at ICCA Edinburgh 2022
…Exploring the Way Forward” listed costs and efficiency of proceedings as a major issue to be addressed, flagging the risk of international arbitration’s value proposition being severely outweighed by the…
Open Letter to International Arbitration Institutions and Counsel: A Real-World Concrete Solution to Increase Diversity in International Arbitration Tribunals
…Emergency Arbitrator articles of the ICC Rules, the ICDR Mediation requirement, the Emergency Arbitrator, Confidentiality, and Costs articles of the Stockholm Chamber of Commerce, and the Emergency Arbitrator article of…
Brazilian Arbitration Act, CAM-CCBC Arbitration Congress IX Edition, Corporate, Corporate disputes, Latin America
CAM-CCBC Arbitration Congress IX Edition: Regulating Corporate Law Disputes
…as regulation is concerned, less is more. At the same time, a well-regulated market can attract investments due to the increase in security and predictability which lower transaction costs. Follow…
Interviews With Our Editors: In Conversation with Prof. Vladimir Pavić, University of Belgrade, on the Past, Present and Future of Institutional Arbitration in Southeast Europe
…established. We looked at the type and value of arbitrations that were generated regionally and domestically and designed our rules and schedule of costs accordingly. We will see if the…
Are Environmental and Investment Protection Mutually Exclusive? Report of the ITA-ALARB Americas Workshop
This year’s ITA-ALARB Americas Workshop took place in early September and focused on the intersection between domestic environmental protections and international investment law. The workshop was co-chaired by Gabriela Álvarez…
Bankruptcy, Bermuda, BVI, Cayman Islands, China, Claims Trading, Enforcement, HK Arbitration Week, Hong Kong, Insolvency, Singapore
Hong Kong Arbitration Week Recap: Examining the Creditor’s Toolkit in International Arbitration, Cross-Border Insolvency and Enforcement
…security documents, commencement of a debt recovery action through arbitration or litigation, or invoking the statutory insolvency regime. It is important for practitioners to consider how best to utilise the…
Hong Kong Arbitration Week Recap: Implications of PRC’s Evolving Data Protection Laws in International Arbitration
…Yang provided a brief introduction to the three pillars of the PRC’s data protection legal regime, namely the Cybersecurity Law (“CSL”), Personal Information Protection Law (“PIPL”), and Data Security Law…
Case Management, China, Enforcement, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, International Commercial Courts, Interviews with Our Editors
Interviews with Our Editors: In Conversation with Dr. Mariel Dimsey, Secretary-General of the Hong Kong International Arbitration Centre
…people’s court) and go straight to the SPC level, thus saving time and costs for users. I think this will be especially impactful in the enforcement context. Mariel, thank you…
The Contents of Journal of International Arbitration, Volume 39, Issue 5 (October 2022)
…and the tribunal empowered, either through party agreement, a change to existing arbitration rules, or a procedural order, to take both the monetary and environmental costs into account when allocating…
Keeping a Distance: India’s Approach towards Investment Treaties
…to the assessment of the costs and benefits of BITs. The DEA argued before the PCEA that the costs of BITs (including exorbitant litigation costs, large awards, loss of reputation,…
Brazil, CBAr 21st, Corporate disputes, International Arbitration Procedures, Latin America, South America
CBAR 21st International Arbitration Conference: Should Confidentiality Be Respected in Corporate Disputes?
…or not, the fact is that regulation regarding confidentiality is necessary to guarantee more predictability and legal security. For that, the two sides of the equation shall be kept in…