…before the Tribunal and once before the English courts. This process leads to significant duplication of work and additional costs. There has been much criticism of this “re-hearing approach”, notably…
…deemed reasonable. A jointly-appointed or tribunal-appointed document production facilitator could save time and costs for the parties in an arbitration by reducing the number of disputed items in the determination…
…or administrative adjudicatory proceedings in accordance with the principle of due process, while “full protection and security” is intended as police protection. The treaty confirms the conditions for lawful expropriation,…
…Report recommends that the arbitral tribunal should have power to apportion those costs between the parties in the arbitration if it determines that apportionment is reasonable in exceptional circumstances. …
All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. (UN Charter, Art. 2.3) The peaceful…
…act on matters of international peace and security only upon the affirmative vote of the permanent members of the Security Council, including matters in which they were the aggressor. On…
…claim documents, constitution of the tribunal, conduct of the proceedings, costs of the arbitration, encouraging settlement, compliance with the awards and so on. Alignment with Other Major Arbitral Institutions The…
…awarded more than USD 1.8 million on legal and arbitration costs. At the time of this publication, the dissenting opinion remains unpublished. Background In 2011, UK investment fund Actis…
…are bound to secrecy, except and to the extent that disclosure follows from the law or the parties’ agreement” (unofficial translation). The Dutch Minister of Security and Justice, however, rejected…
…can opt out of the expedited procedure, which can also be disregarded by the Center based on the circumstances of the case. Time and costs are reduced by having a…
…funds as security for several loans Frick had made to three UK incorporated entities. In 2015, the debtors failed to meet their debt obligations and, as a result, Frick turned…
…and Minister of Environment. During my years in legal practice and public service, I observed lengthy delays and rising costs associated with court proceedings, which increased my interest in alternatives…
…such costs. The case discussed in this blog post constitutes a notable exception to the general rule, under which costs of litigation proceedings ancillary to arbitration are not costs to…
…and security (“FPS”) standards; however, it still determined that the gambling ban and its effect of destroying the claimant’s investment, evidently supported the conclusion of the breach of the FET…
…concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case…
…set aside proceeding, finding that the defendants were not permitted to argue for a higher quantum of costs by seeking to switch the basis of the costs ordered from standard…
…we have written elsewhere, the fact that a party has entered into a funding arrangement is not sufficient to justify an order requiring the party to provide security for costs….
…an award, and costs regulation. 1. Emergency Arbitrator and Expedited Procedure Emergency Arbitrator Article 31 of the 2021 Rules allow the parties to request provisional measures to an emergency…
…allows the Tribunal to provide security for costs. Accordingly, the Tribunal will weigh in the following factors when requesting security for costs from parties: (a) that party’s ability to comply…
…in Tenke treated the funding costs as “other costs” within the meaning of the Act, and consequently included over $1 million of such costs in its costs award. The unsuccessful…
…disputes: commodity non-delivery, breach of covenants or warranties, failure to fulfil conditions precedent, disputes over title or security, etc. Distinctive elements include the nature of the commodity, the carbon crediting…
…seat for international arbitration. In addition, Hugo García and Bernarda Muriel reported that on November 23, 2021, in an effort to audit and reduce the costs the Ecuadorian government has…
…The rules have been updated since their previous iteration in 2016 to reflect best practice in international arbitration and to reduce costs and delays. Among others, the key changes include:…
…the seminal Kadi case concerning the alleged supremacy of UN Security Council Resolutions based on Article 103 of the UN Charter, the CJEU clearly stated that the autonomy and supremacy…
