…revision, but if the moving party loses it compensates the other party for costs associated with the application. Professor Whitesell discouraged adopting the proposal, arguing that the opt-in is unnecessary,…
…technology posed a security threat. Moreover, in January 2021, Huawei submitted a Notice of Dispute to Sweden, asserting that the government’s decision banning the company from participating in the country’s…
…(Article 52(1)), and public interest considerations in the allocation of costs (Article 53(1)). Since the Hague Rules contemplate “the potential inequality of arms among the disputing parties” (Article 5(2)), e.g.,…
…of discussion raised by Mr. Vişoiu was the cost of arbitration. Contrary to the assumption that arbitration is more expensive than litigation, Mr. László explained that the procedural costs involved…
…or med-arb (place a time limit on length of negotiations); multi-party arbitration; arbitrator qualifications/language/technical skills; document disclosure limits; preliminary adjudication of threshold issues; allocation of costs and fees; interest; currency…
…Actual x (P Actual – C Actual)]* *(Q = quantities, P = price, C = costs) In addition, Ms. Carey cautioned that probation standards for causation and proof of reasonable…
…that administers a dispute involving (and requests the payment of advances on costs from) any such target might expose itself to blocking sanctions in respect of any assets the arbitral…
…costs and the environmental impact of arbitration, while at the same time increasing its efficiency. Going a step further, the CMAP authorizes electronic communications between the parties, the arbitral tribunal,…
…practices in the maritime community. The SCMA adopts a self-administered model of institutional arbitration, similar to that of the London Maritime Arbitrators Association (“LMAA”). Parties only pay costs to the…
…indemnity costs shall generally be awarded to the successful respondent to ensure that the appellant carefully considers any appeal. Where the appellant is unsuccessful, indemnity costs will serve to compensate…
…Flavio PETER, Urs WEBER-STECHER, The Myth of Partial Awards on Advances on Costs in International Commercial Arbitration in Switzerland under the Swiss Rules Flavio PETER and Urs WEBER-STECHER examine the…
…consideration the need to make sustainable and renewable energy available, and that international investment arbitration allows foreign investors with the capital and expertise to have legal security to invest in…
…clauses are unimportant. Rather, it means that the arbitral tribunal is empowered to deal with the issue as it sees fit. This could entail parties incurring additional costs and delay…
…additional service providing international neutrality and specialized knowledge. Moreover, the WIPO Center’s services are provided on a not-for-profit basis, which is important having in mind how high the costs can…
…of the FTA and denied Claimant’s request of compensation of US$ 1,286,517,675. Finally, it ordered América Móvil to pay 50% of Colombia’s costs in the arbitration. Background In 1993,…
…Mr Walker identified at least one possibility, being cases concerning a genuine public interest immunity claim (e.g. where national security issues were involved). Impact on the attractiveness of commercial arbitration…
…47 million for “full reparation” (plus legal fees and arbitration costs) to Lion Mexico Consolidated L.P. (“LMC”), a Canadian entity incorporated in Quebec and domiciled in Texas, USA. Background LMC…
…The Honourable Chief Justice Andrew K. N. Cheung GBM. Crypto: Tomorrow’s Security, Currency, or Asset? “Tomorrow’s” Arbitrator: Views from The Honourable Charles N. Brower. Closing remarks were made by Mr…
…on the value of tribunal secretaries and the “fourth arbitrator” concern? I think that tribunal secretaries can add real value to the process. Their work saves costs because they shift…
…EU Members States and abroad. The authors of the draft Report warned in clear terms of the costs and potential consequences of court-packing to the rule of law and protections…
…Arbitration Traditionally, advantages of ad hoc arbitration are thought to be: (1) low costs; (2) speed; (3) flexibilities of rules of procedure; and (4) international acceptance.1)Harry L. Arkin, “International Ad…
…employed by the DIAC. Under Article 2.2, the DIAC “fixes the advance on costs corresponding to the amount of the dispute, in an amount likely to cover the fees and…
…claimant’s ability to cover adverse costs in light of the risk of a funder overextending funding. It also appears to be non-controversial that there are legitimate issues around disclosure for…
…approach to expert testimony; Real-time discussion of technical issues amongst the experts, allowing for a more refined consideration of the issues; and Reduced costs and increased efficiencies during the hearing….
