…legitimate public policy objectives, including climate change, protection of public health, safety, public morals, and the maintenance of peace and security. While the vast majority of treaties refer to the…
…likely to become more contentious as climate costs loom larger. Reformed treaty drafts, given varying bargaining and costs, could also default to the middle path of constructive ambiguity to position…
…host State’s measure is still efficient in terms of net benefits if the benefits outweigh the costs. This efficiency approach leads to a cost-benefit analysis and encourages the consideration of…
…participants admitted to the hearing, their respective emails and location; and (d) make reference to the application of the Protocol; (iii) Article I.7 (related to confidentiality, privacy and security for…
…with the 2008 award, as well as a series of claims related to domestic law, and sought restitution, damages, and moral damages, as well as the costs relating to the…
…progress the engagement, without overwhelming the expert with unnecessary documents that achieve little other than forcing the client to incur further costs in having the expert review such documents. On…
…tactics into account in costs awards. Fraud and Corruption in Investment Arbitration In a workshop, Prof. Eric de Brabandere (Leiden University), James Boykin (Hughes Hubbard & Reed), Iuliana Iancu (Hanotiau…
…conduct of the arbitration and to avoid unnecessary delay and expense. The arbitral tribunal may allocate costs or take any other steps it considers necessary to preserve these objectives. Rule…
It is critical to invest time to ensure that there are no inconsistencies between multiple dispute resolution/jurisdiction clauses within a particular contractual relationship (whether within a single contract or across…
…for: (1) security, (2) corporate social responsibility, and (3) trade digitalization. After the fireside chat, the pharma industry panel, moderated by Ms Sae Youn Kim (Attorney at Kim & Chang),…
…starting point the Austria-Russian BIT (1990) (BIT or Treaty), which contains the typical international standards for investment protection such as Fair and Equitable Treatment (FET), Full Protection and Security (FPS),…
…reputation as “more expensive” is no longer true; costs are more foreseeable, and the proceeding is generally quicker and more efficient. For Mr Maślak, where there is an international aspect…
…In the fifth negotiation round (1-4 June 2021) delegations stressed the importance of taking into account the individual climate goals and energy security goals as well as their specific energy…
…types of liability that may flow from such a breach, both financial (e.g., damages, costs allocation) and non-financial. The article analyses and draws examples from a variety of both common…
…family’s assets and the potential risks posed to the family’s underlying businesses. One approach would be to have mandatory costs budgeting where the tribunal approves limits on legal costs, which…
…firms to grow beyond the optimal size.6)Michael C. Jensen, “Agency Costs of Free Cash Flow, Corporate Finance, and Takeovers,” American Economic Review 76 (2), 71–92. This can lead them to…
…with dispute resolution (such as the consistency of awards, costs and duration of the proceedings and ethical rules for ISDS adjudicators), the discussion of substantive issues, including SDG concerns, remains…
…security to cover the costs of decommissioning, and the respective contributions of different parties to the agreement. DSAs also rest on intrinsic assumptions as to when decommissioning will occur, which…
…new Rule 53 requires tribunals to consider the involvement of a funder when deciding an application for security for costs . This appears to be the reason why, for instance,…
…this authority to order a party to provide security for costs. But the requests have seldom been granted. In several cases, this was because the tribunals considered that they could…
…mainly due to its excellent legal infrastructure, arbitral practice, accessibility, and reasonable costs. The German law of arbitration is substantially based on the UNCITRAL Model Law on International Commercial Arbitration…
…investments in renewable energy because it grants foreign investors a sense of security over their investments. Thus, international investment law may be used to encourage and protect investments in renewable…
…In such instances, the court will weigh the ‘competing interests’ of judicial economy and potential hardship. A request for security is premature if a court has not yet established jurisdiction….
…litigation and arbitration costs are almost at par and that in some instances, arbitration costs may be slightly higher than litigation. When asked about the factors that drive up litigation…
