…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…
…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…
…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….
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
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…
…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…
…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…
…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…
…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…
…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,…
…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…
…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…
