…drafted last or, even if they are drafted earlier in the negotiation process, they do not enjoy the same amount of due diligence. It seems that this tradition costs the…
…solutions. Efficiency comes at some costs, as various procedural tradeoffs are sometimes required, as briefly discussed above. The see our full series of posts on the UNCITRAL WG II…
…disputes. It is certainly true that small disputes benefit from being solved through a mechanism with relatively low costs. The fees in expedited arbitration are lower than in ordinary arbitration,…
…be effective. Why Efficiency Matters A perceived loss of efficiency—and the increased time and costs that come with it—has been a major concern of international arbitration users for years….
…less complicated and lower-value disputes with a “fast-track” procedure. This provides greater efficiency and lower costs, while ensuring due process, fairness and effectiveness. Introducing expedited provisions to parties who chose…
…The work of Working Group II is aimed “at improving the efficiency of the arbitral proceedings, which would result in reduction of costs and duration of the proceedings”, and expedited…
…criticism over the last decade has been the perceived increased costs and time for the arbitral process to be completed. Even though on the table for a while, the users…
…contractual requirement of mediation before embarking on arbitration. This reflects the importance of relationships in our industry, and also the desire to avoid the costs of arbitration. Outside of this,…
…alia breaches of the treaty protections in respect of expropriation, fair and equitable treatment, full protection and security and reasonable and non-discriminatory measures. The arbitral tribunal found that Kazakhstan had…
…tribunal and the insolvency trustee becomes important. Questions of whether the trustee should mandatorily be permitted representation in the arbitral process or whether an application for security costs can be…
…are the main complaints by users of international arbitration, Ms Tan highlighted the following benefits of virtual hearings: (i) costs and time efficacy; (ii) increased participation and access to justice;…
…of limited avenues for appeal / review. Therefore, costs and efforts are front loaded. He urged tribunals to limit time and costs on discrete issues. To bring home his point,…
The allocation of pre-award interest is a standard feature of most international arbitration proceedings and is often contested before a tribunal. The complexity is accentuated when a tribunal is unable…
…contains is a reference to including an addendum dealing with costs relating to such applications – so this will be something for those making applications pursuant to this Article to…
…the Paris Tribunal of Grande Instance (“TGI”) alleging miscalculation of the costs by the ICC, excessive duration of the proceedings, and the ICC’s failure to follow the public policy of…
…to international) security interests, it also suggests the risk exists that states will continue to introduce increasingly restrictive measures on the grounds of national security, which may cause a ‘race…
…extension of time for the completion of certain works and the associated prolongation costs. The importance of this issue was twofold: first, the JV’s entitlement to time extensions meant that…
…in-person hearing – however far the travel, however complex the logistics, or however high the costs. Practitioners got used to the costs and environmental impact of having arbitrators, lawyers, witnesses…
…political stabilities, and security. Finally, respondents shared what they found most rewarding as well as what they found most troubling when participating in arbitration in Africa. Expeditious disposal of disputes,…
…by the parties c. the inter-bank rate Allocation of costs and fees 9. Tribunals in which sector are most likely to award all of the claimed costs of the…
…that language presents the significant advantage of saving time and minimising any translation costs that could have been incurred otherwise, and making sure that no ideas or issues get lost…
…of costs and time increasing by allowing appeals to go forward in international arbitration. The EU-Mexico Agreement in Principle attempts to address efficiency concerns by (i) providing a fork-in-the-road clause,…
…the Supreme Court to conclude that this procedural rule was respected. Quite the opposite, the Supreme Court pointed out that the error means that important principles of legal security have…
…reflect the funder’s assessment of a claim’s chances of success. As regards to recovery of costs, Art 25 provides for security for costs which should allay any fears. The draft…
