…security for costs, and third-party funding) merely reflect some of the recent trends in investment treaty-making, which have limited and dubious effectiveness. The renegotiated ECT would still give investment tribunals…
…proceedings in international arbitration have become more com- plex, and often challenging, nowadays. Counsel tend to make more procedural requests and applications (e.g., determination of preliminary matters, security for costs,…
…by the tribunal. Subsequently, the recovery of costs becomes an issue as parties are left in a situation where the tribunal has no jurisdiction to make an award on costs….
…Security Companies and the advancement of new weapons technology, as well as sanctions and restrictive counter-terrorism measures. Investment Treaty Tan Sri Abraham focused on the various protections and remedies…
…costs. The administrative and arbitrator fees remain all-inclusive. Encouraging Mediation The most noteworthy new addition to the Arbitration Rules is a provision encouraging parties to attempt, in good faith,…
…of payments; banks may be reluctant to facilitate payments – whether from sanctioned or non-sanctioned entities. Such frictions will undoubtedly add to the costs of arbitration. Sanctions also increase the…
…the supply chain to final sale, a salient example of which is the US $1 billion in greater costs Ford Motor is expected to incur in Q3 of this year….
…usefulness) of drones, the many industries affected, the types of data drones are capable of collecting, and the fact that they address possible security concerns faced by humans when venturing…
…and the allocation of costs. Issues such as the role of arbitrators in cybersecurity challenges and the use of cybersecurity breaches as a guerilla tactic are addressed while relying upon…
…under the ECT, Poland has been a respondent state in numerous arbitrations under this treaty, incurring significant defence costs. These costs are now presented as the potential savings which Poland…
…requirements that tribunals can impose before granting interim measures such as the provision of security; the termination or modification of interim measures; and the enforcement by the Japanese courts of…
…are too expensive, but that these costs are difficult for users to control. Rather, they think that counsel must commit to affordable and efficient arbitrations. The overarching theme of Mr…
…disputes, is how arbitration practitioners stay relevant and desired by clients, according to Diamana Diawara. Some suggested methods to temper costs were to have junior-led teams for price-sensitive parties, keep…
…the New York City Bar Association and the International Institute for Conflict Prevention and Resolution (CPR), the Protocol serves as a set of guidelines on reasonable security measures for users…
…to effective offers of compromise on questions of costs. Beyond that, greater enforcement by the Courts of arbitration agreements, where they exist (compare Vunipola v Tonga Rugby Union Incorporated [2021]…
…Answer: C, Article 24(1) of the Indian Arbitration Act provides that, with respect to hearings, “the arbitral tribunal….may impose costs including exemplary costs on the party seeking adjournment without any…
…Evolving contract terms may very well limit the reach of security of tenure, but this would not entail a boundless discretion for the ISA. Aside from security of tenure, there…
…national arbitral awards. Moreover, this Decision was correct in reducing the fees by 90%. As the rules for legal costs in Portuguese proceedings do not contain any cap, in cases…
In 2017, the United Nations Commission on International Trade Law (UNCITRAL) initiated a consultative process to consider procedural reform options for investor-State dispute settlement (ISDS). Kluwer Arbitration Blog ran a…
…20.1 is fixed and mandatory for the party requesting additional costs/an extension of time, and not a flexible deadline, regardless of the fact that the respondent knew of the existence…
…to inefficiencies. Not infrequently, clients and counsel alike complain about the way the document production phase is carried out and the adverse impact that it has on the costs of…
…and Cervin Investissements) in which the tribunals ruled in favor of the state and even awarded Costa Rica its costs. This post will address the origins of the dispute between…
…enforcement of arbitral awards. Legal and practical difficulties related to transfers of funds (including payments of registration fees and advances on costs) remain a staunch reality in all cases involving…
…basis that the arbitrator did not have authority to award Lunda attorney’s fees and expert costs. The district court agreed, finding that the parties’ agreement addressed the availability of attorneys’…
