LIDW 2022: London: Leading or Lessons to be Learned?
…the litigants’ answer is a clear ‘yes’. The reason why London is expensive was twofold: experts’ costs are high and English law is expert-intensive, and London is expensive for physical…
Search Results for: security for costs
LIDW 2022: Changes in Construction and Infrastructure Disputes: 2022 and Beyond
…approach. Additionally, he talked about the 2021 FIDIC Green Book and how it addresses liquidated damages for prolongation costs associated with a compensable extension of time. Finally, Fiona Parkin QC…
LIDW 2022: Key Global Trends: The New Frontiers of Business Ethics and Corporate Accountability
…“uncomfortable” types of claims. Holly Gavaghan thereafter emphasized that the carbon footprint is very relevant within the ESG policies. From OPUS2 perspective, data security is the key risk in this…
LIDW 2022: “If You’re Going through Hell, Keep on Going”
…whether “winning at all costs” is sustainable in the long term, given our enhanced awareness of the toll that being a dispute resolution professional may take on those involved in…
LIDW 2022: London as an International Disputes Hub for Dubai, UAE and Region Disputes: is it Still Safe to Arbitrate in Dubai, and Other Hot Topics
…concerning its promulgation, and its impact on ongoing arbitration cases, including challenges those related to arbitral costs. Other members adopted a long-term approach to the Decree, emphasizing the much-needed clarity…
New Arbitration Rules For The Economic And Monetary Community of Central Africa (CEMAC)
…parties (Article 11, § 2 of the Supplementary Act No 01). Liquidation of costs: Under Article 34 of the CEMAC Arbitration Rules, costs of an arbitration proceedings are liquidated by…
When an Unplanned Flight to Canada Lands You in the Paris International Court of Arbitration
…as valid; (ii) order the Defendants to pay legal costs related to the seizure in the amount of $100K; (iii) acknowledge that one of the Plaintiffs was the registered owner…
Advocacy, Arbitration Proceedings, Czech Republic, Ecuador, Procedure, State, State Agency, State defense, Witness
Paris Arbitration Week Recap: Affaires d’Etats: Practical Considerations When Defending States In International Arbitration
…of costs and human resources. Another significant challenge in the defense of States relates to the fact that claimants have months to prepare their case with outside counsel and come…
Fair and Equitable Treatment, International Investment Arbitration, International Investment Law, International Law, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Minimum Standard of Treatment
Unearthing FET: What Did States Intend, and Does It Matter?
…as unlawfully expropriating foreign property interests and repudiating their contractual commitments to foreign nationals in certain circumstances, in addition to requiring States to offer full protection and security to foreign…
Arbitration Rules, Arbitration Tech Toolbox, Blockchain, Cryptocurrency, Digital Dispute Resolution Rules, LegalTech, Technology
Arbitration Tech Toolbox: Arbitrating Digital Asset Disputes
…insufficient security for costs, again given its price volatility. Conclusion The DDRR have not (to this author’s knowledge) yet been tested, and there appears to be no publicly available…
“Do You Know What Your Neighbour Is Doing?”: Understanding Key Differences in International Arbitration in the U.S and Canada
…the future.” Costs As for lawyer fees, generally the case in Canadian law is that costs follow the event and are awarded to the successful party (see e.g., Alberta Rules…
Paris Arbitration Week Recap: Belt and Road Initiative – Recent Evolutions, Western Reactions, and Dispute Resolution
…several advantages such as technical opinions and lower costs, in the context of the BRI their main benefit consists in dispute prevention, when halting an infrastructure project can quickly skyrocket…
When Perception Meets Reality: What Do We Know About Arbitrators?
…arbitration practitioners, arbitrators may come to the table with a particular view on the allocation of costs and fees between the parties. Debate continues over whether “costs follow the event”…
French Supreme Court, Arbitration Agreements and Jurisdictional Challenges: Parties Cannot Have Their Cake and Eat It
…on costs, then subsequently challenge the jurisdiction of national courts in favour of arbitration. Such behaviour, according to the French Supreme Court, constitutes a breach of the parties’ duty of…
Mexico’s New BIT with Hong Kong: AMLO’s Wink to Chinese Investments?
…legal security to investors and investments of both parties alike. Mexico already had one BIT in place with the People’s Republic of China, signed in 2008 and which is still…
Paris Arbitration Week Recap: Keeping our Eye on the Ball with Sports at Paris Arbitration Week
…of arbitrators, specialist arbitral institutions and costs. As for arbitration of esports, this topic has been gaining traction under the auspices of AIAC, in Asia, but it being discussed at…
Should Arbitral Tribunals Apply Sanctions Against Russia as Overriding Mandatory Rules?
…an unprecedented international consensus in adopting sweeping and comprehensive sanctions against Russia for Ukraine’s invasion. Since Russia can block any decision in the Security Council, States are coordinating unilateral sanctions…
Conditional fee agreements, Contingency Funding, Costs, Costs in arbitral proceedings, Counsel, Counsel fees, Fee Agreeements, Hong Kong, outcome related fee structures, Singapore
Singapore’s New Conditional Fee Agreement Regime: An Uplifting Reform?
…and costs, if their claim succeeds or nothing if their claim fails. The lawyer could therefore receive either 0% or 200% of the legal fees and costs; and a ‘No-Win,…
Inaugural California International Arbitration Week: The Pacific Shift: Has International Arbitration’s Centre of Gravity Moved?
…and other decentralized technologies that are rapidly adopted by arbitration parties to save costs, improve security, and increase transparency. Despite this minor missing link, the Panelists were able to shed…
Is Non-Payment of Advance on Costs a Waiver of an Agreement to Arbitrate in the UAE?
…treat non-payment of the advance on arbitration costs. The Problem Non-payment by respondents of the advance costs and expenses in arbitrations is not an infrequent occurrence and often leaves…
So, You Think You Know Arbitrators? Test Your Knowledge with Arbitrator Intelligence’s Arbitrator Perspectives Quiz
…security for costs, document production, bifurcation or trifurcation, proposed settlements, awards of costs and fees, and (if they are party-appointed arbitrators) the choice of presiding arbitrator. Despite the fact that…
Challenges Faced by Arbitral Institutions Amidst New Waves of Sanctions Against Russia
…instituant des mesures en lien avec la situation en Ukraine du 4 mars 2022, Article 20. In light of the arbitration costs of large proceedings, an advance on costs exceeding…
DIAC 2022 Rules of Arbitration: A Modernised Set of Rules for a New Era
…other party’s costs”. Therefore, absent any specific exclusion, it appears that executive management costs, costs of in-house counsel and other party employees may well be recoverable under Article 36.1. Other…
Litigation Finance and Crypto Tokens: How a Blockchain Startup Seeks to Create Financing Marketplaces for Disputes
…the classic definition of a security, in that it would be merely a publicly traded, tokenized interest in a fund that is in turn funding a lawsuit. Ryval’s ILO meets…