Small States and Climate Change
…massive costs related to adapting to or mitigating climate change. They are suing to try to recover money to support those needs (see Global Climate Change Litigation database). One of…
Search Results for: security for costs
Navigating Investor-State Dispute Settlement: Concerns from the Asia-Pacific Region
…Ensuring Host States’ Ability to Regulate In today’s world, society is facing a myriad of challenges that require modern solutions. Climate change threatens global security. The pandemic triggered public health…
Arbitration, Asia, China, Enforcement, Hong Kong, India, Japan, Singapore, Third party funding, UK, Vietnam
Europe Embraces a New Dawn of Arbitration in Asia
…key points were addressed by Mr Jin: Use English as the sole language of arbitration to avoid any misunderstandings from arising and to keep costs down instead of producing bilingual…
Arbitration clause, Arbitration institution, China, Chinese Arbitration Law, Contract Interpretation, Hong Kong, Singapore
Contractual Interpretation in Hong Kong and Singapore: What Happens When Parties Name a Non-Existent Arbitration Centre?
…that agreements were being written in languages not spoken natively by the drafters. The drafting issues had flow-on effects antithetical to the purpose of arbitration, such as heightened costs and…
Glencore v. Bolivia: A Long-Awaited Award Finds Expropriation and FET Breaches by the State
…brought claims against Bolivia under the Treaty for expropriation (Article 5) and violations of fair and equitable treatment (“FET”) and full protection and security (“FPS”) (Article 2(2)). In summary, the…
The New English Arbitration Act: Power to Make an Award on a Summary Basis
…was that fatally weak claims were being drawn out unnecessarily and parties were incurring increased time and costs as a result. The ability to obtain summary judgment on a claim…
The Contents of Journal of International Arbitration, Volume 41, Issue 1 (February 2024)
…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…
Chilean Court Blocks Calling of Performance Bonds in Support of Potential ICSID Arbitration
…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…
Enforcing Interim Awards in Pakistan – Finality or Binding?
…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…
Countdown To RIDW24: A Maturing Market: Dispute Resolution in Saudi Arabia
…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…
Mota Engil v. Paraguay: Lessons in Contract Interpretation and Non-Compliance of Provisional Orders
…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…
Countdown to RIDW2024: Acceleration of Construction Projects
…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,…
ISDS and ESG: Friends or Foes?
…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)…
Oil, Gas and Renewables: Hot Topics in Investing and Arbitrating in LatAm
…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…
European Commission, European Union, Investment protection, Investor-State arbitration, Model Clauses
European Commission Publishes Non-Paper of Model Clauses for Member States’ Bilateral Investment Agreements with Third Countries
…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…
2023 Year in Review: Switzerland (Part II: Enforcement and Parties’ Duty of Curiosity)
…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…
Fresh Off The Press: The Latest arbitrateAD Rules
…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…
Countdown to RIDW24: Global Dispute Trends in the Age of Data and Climate Change
…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….
ADR, Arb-Med, Asia-Pacific, Australia, International Arbitration Procedures, International Commercial Arbitration, investor-State arbitration and mediation, Litigation, Med-Arb, Mediation
Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?
…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…
Countdown to RIDW24: International Arbitration – Driving Efficiency and Reducing Costs
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…
2023 Year in Review: A Look Back at Arbitration in Canada (Part 1)
…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…
US Court Refuses to Enforce a DIFC-LCIA Arbitration Clause due to Abolishment of the DIFC-LCIA Arbitration Centre
…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…
Arbitration Tech Toolbox: The Future of Dispute Resolution: Evolution or Revolution?
…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….
2023 Year in Review: A Look at International Arbitration in California
…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…