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foreign direct investment, Foreign Investment Law, Interview, Interviews with Our Editors, investor-State arbitration and mediation, ISDS, ISDS Reform

Interviews with Our Editors: Illuminating Investment Treaty Arbitration and Institutional Services with Antonio R. Parra, Former Deputy Secretary-General of the ICSID

Ylli Dautaj (Durham Law School) and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/September 29, 2021November 30, 2021 /Leave a comment

…the UNCITRAL and ICSID processes, three of particular interest to me are issues relating to challenges of arbitrators, security for costs, and frivolous claims. In these and other respects, the…

ADR, WIPO, WIPO Arbitration Rules

Revision of the WIPO Arbitration Rules: Adapting to an Increasingly Remote Setting In Technology Disputes

Weronika Rydzinska (Delta Capital Partners Management)/September 27, 2021September 27, 2021 /Leave a comment

…obligation to disclose third-party-funder agreements and a decrease in costs in arbitration proceedings. As elaborated below, the 2021 WIPO Rules have been adapted to reflect modern trends of dispute resolution…

China, interim relief, Paris Arbitration Week

Paris Arbitration Week: Protecting Your Interest Through Interim Relief From Mainland Chinese Courts

Yiqiu Wang (Freshfields Bruckhaus Deringer LLP)/September 25, 2021September 24, 2021 /Leave a comment

…30 of which granted interim measures upon the applicants’ provision of security. The total value of assets preserved amounted to RMB 10.9 billion (approximately USD 1.7 billion), which, according to…

Annulment, Arab World, Constitutional Court, Egypt, MENA

Can the Egyptian Government Vest A Municipal Court With The Power To Review ICSID Awards?

Hussam Mujally (Amereller)/September 17, 2021September 13, 2021 /1 Comment

…are necessary given that the constitution and the ESCC Law lack provisions granting the ESCC jurisdiction to examine international decisions that can affect the “national security” of Egypt. On 14…

Court Proceedings, Discretion, India, Set aside an arbitral award

Court Discretion in Indian Setting-aside Proceedings: Modification v. Doing “Complete Justice”

Puneeth Ganapathy (Lakshmikumaran & Sridharan Attorneys)/September 15, 2021September 14, 2021 /Leave a comment

…costs as awarded and interest as awarded by an arbitral tribunal (see a previous post on legal costs here). On the flipside, this may result in parties appealing against the…

COVID-19, Force majeure, Investor-State arbitration, ISDS, ISDS Reform, SIAC, SIAC Congress

SIAC Congress Recap: The Multi-Million Dollar Question – Will the Pandemic and Governments’ Response to it Lead to a Spike in Investor-State Arbitrations?

Trina Tan (Omni Law LLC)/September 12, 2021September 11, 2021 /Leave a comment

YSIAC

…of review in the enforcement or setting aside of arbitral awards, particularly in non-ICSID cases. Professor Shin observed that one measure available for investors is to obtain security from respondent…

Arbitration Act 1996, England, English Arbitration Act, English Law, Uncategorized

Under What Circumstances Will the English Courts Determine a Preliminary Point of Jurisdiction?

Simon Maynard, Liam Petch (King & Spalding)/September 4, 2021August 31, 2021 /Leave a comment

…following conditions being satisfied: that the determination of the question is likely to produce substantial savings in costs; that the application was made without delay; and that there is good…

Arbitration Institutions and Rules, Brazil, Case Management, Commercial Arbitration, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America

Interviews with Our Editors: In Conversation with Eleonora Coelho, President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC)

Enrique Jaramillo (Locke Lord LLP) and Daniela Páez-Salgado (Senior Assistant Editor) (Herbert Smith Freehills)/August 23, 2021August 20, 2021 /Leave a comment

…constitution of the tribunal; (ii) provisions for multiparty arbitrations; (iii) different restrictions to the appointment of the chair; and (iv) detailed provisions regarding costs. Most importantly, CAM-CCBC introduced the Administrative…

Advocacy, International arbitration, Persuasion, Soft skills, Theater

Theater and Law: The Use of the Actor’s Technique in Arbitration Advocacy

Malcolm Malca Vargas (Law School of the Pontifical Catholic University of Peru)/August 18, 2021August 9, 2021 /2 Comments

…psychology research agree that, if we want to convey conviction, we should use open postures and movements. Therefore, if you want to transmit solidity, security, and credibility, you should always…

Colombia, Denial of Benefits, Italy, Model BIT

The Strange Case of Denial of Benefits Clauses: The Italian and Colombian Model BITs

Tarciso Gazzini, Francesco Seatzu/August 7, 2021August 6, 2021 /Leave a comment

…security may be adopted unilaterally, or within the collective security system. Paragraph 2 constitutes a novelty as the investor becomes the direct target of the unilateral response to the alleged…

ECT Modernisation, Energy Charter Treaty, ISDS Reform

ECT Modernisation Perspectives: An Update

Ylli Dautaj (Durham Law School) and Esmé Shirlow (Associate Editor) (Australian National University)/August 5, 2021July 31, 2021 /Leave a comment

…for example, provisions to regulate frivolous claims, third party funding, security for costs, increased transparency, etc. The negotiation rounds have indicated the intention of ECT States Parties to reflect on…

ADR, SCC, SCC Rules

SCC Express: A Shortcut or A Detour?

Anna-Maria Tamminen, Marcus Nyberg (Hannes Snellman)/August 4, 2021August 2, 2021 /Leave a comment

…albeit for a shorter period than in ordinary or expedited arbitration. The latter costs are harder to control than the costs related to SCC Express and an investment into such…

Arbitration, Interim measures, Reform, Ukraine

The Still (Somewhat) Muddied Waters of Court-Ordered Interim Measures in Support of Commercial Arbitration in Ukraine

Tatiana Yushchenko (Selepey, Volkovetsky & Partners)/August 2, 2021September 23, 2021 /Leave a comment

…for interim measures shall inter alia contain the applicant’s suggestions on security. Para. 4 of Article 154 of the CCPU provides three options for security: (1) placing funds into the…

Investment Arbitration, Investment Disputes, VIAC

VIAC Rules Revision 2021 Part II: The New VIAC Rules of Investment Arbitration and Mediation

Veronika Korom (ESSEC Business School; Paragon Advocacy)/July 28, 2021July 26, 2021 /Leave a comment

…and security for costs (Articles 42-44 and 33(6)-(7)): One of the main practical attractions of arbitrating under the VRI are VIAC’s very affordable costs, especially when compared with other arbitral…

Costs in arbitral proceedings, ICC Arbitration, Jurisdiction of the arbitral tribunal, Set aside an arbitral award, Singapore, Terms of Reference

Limits, Latitude, and Lacunae: Rare Set-aside of Award in CBX v CBZ

Sapna Jhangiani KC (Advocate, Arbitrator and Mediator) and Jarret Huang/July 26, 2021July 21, 2021 /Leave a comment

…the tribunal’s jurisdiction to determine that point. Whether a costs award can survive the setting aside of elements of an award, and if not, how costs may then be determined….

Arbitration, Artificial Intelligence, Deepfakes

The Paradox of Artificial Intelligence in the Legal Industry: Both Treasure Trove and Trojan Horse? – The Perils of Deepfakes

Ingrid A. Müller/July 18, 2021October 2, 2024 /Leave a comment

Arbitrator Intelligence

…as we know it is in danger as well with deepfakes potentially becoming a security threat and posing challenges for geospatial agencies and the entire intelligence community. For that matter,…

In Memoriam

James Crawford, International Law Academic, Practitioner, and Judge, 1948-2021

Thomas D. Grant (Lauterpacht Centre for International Law in the University of Cambridge)/July 15, 2021July 13, 2021 /Leave a comment

…Advisor for Strategic Planning in the Bureau of International Security and Nonproliferation in the U.S. Department of State and having been a U.S. designee to the Permanent Court of Arbitration….

BAC, China, CIETAC, Emergency Arbitrator, HKIAC, Hong Kong, Interim measures, interim relief

How Far to Reach an International Standard? The Applicable Standards for Granting Interim Relief in Mainland China and Hong Kong

Ling Yang (Hong Kong International Arbitration Centre)/July 13, 2021July 2, 2021 /Leave a comment

…and interests will be irreparably damaged if an application for preservation is not filed immediately under urgent circumstances.” (Article 101, CPL.) In addition, the applicant shall provide security. The standard…

Bankruptcy, Bankruptcy and arbitration, Insolvency, Switzerland

Swiss Supreme Court Clarifies Arbitrability of Claims in Insolvency Context

Eliane Fischer, Kevin Li (rothorn legal)/July 12, 2021July 6, 2021 /Leave a comment

…and was ordered to pay the costs of LCIA proceedings. In the subsequent enforcement proceedings, the cantonal courts of Zurich incidentally recognized the costs award and declared it enforceable. A…

Arbitration Tech Toolbox, Technology, Virtual hearings

Arbitration Tech Toolbox: Toward Pandemic-Proof Arbitrations: The Augmented View

Lucas Bento (Quinn Emanuel Urquhart & Sullivan, LLP)/July 8, 2021July 2, 2021 /Leave a comment

…additional incentive to conduct arbitrations remotely, and by consequence, generate cost savings to clients in the form of reduced air travel, logistical, and printing costs. Third, Augmented Arbitrations, as with…

Arbitration, Hearing protocol, Hearings, Remote hearings

Videoconferencing Technology in Arbitration: New Challenges for Connectedness (2020 Survey)

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP), Anneliese Day (Fountain Court Chambers), and Hafez Virjee (Delos Dispute Resolution, Virjee Arbitration)/July 8, 2021July 7, 2021 /Leave a comment

…security and privacy were top of mind, followed by functionalities/efficiency. It is only in fourth and fifth position that survey respondents referred to the need or a desire for human…

Arbitral seat, Arbitration Act, Arbitration institution, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA

The Rise of Japan Arbitration: A Balance to the Common Law Forces of International Arbitration in Asia?

WeiJian Teo (Nagashima Ohno & Tsunematsu Singapore LLP) and Yusuke Iwata (Nagashima Ohno & Tsunematsu)/July 6, 2021July 6, 2021 /Leave a comment

…legal costs. For example, in common law jurisdictions, document productions and hearings tend to be more extensive, the latter due to the evidential weight of witness testimony. In civil law…

Arbitration Institutions and Rules, BIT, Climate change, Energy Charter Treaty, Environment, Human Rights, International arbitration, Investment Arbitration, ISDS, PCA, Permanent Court of Arbitration, Space Arbitration

New Opportunities for Arbitration Lawyers: Climate Change, Outer Space and Human Rights

Maria José Alarcon/July 3, 2021June 26, 2021 /Leave a comment

…action and is silent regarding states’ sovereign rights and private actors’ property rights. However, recent technological developments have reduced the costs of going to space, prompting the privatization of satellite…

Kluwer Arbitration Blog

Search Results for: security for costs