…India can defend the exercise of its sovereign right in respect of measures taken to protect its security or taxation authority. However, the manner in which tax is imposed such…
…should the refusal of the TLB to remove the challenged counsel from Canada’s defense team result in adverse costs in the arbitration, such costs would be borne by the government….
…later. The Secretary General may extend this period upon reasoned request or on its initiative. Amendments in the provisions on costs With regard to the determination of costs of the…
…More kicks at the can does not make something a better process; rather, it creates costs, takes time, and perpetuates uncertainty. It is time to let domestic arbitration make its…
…local remedies may reduce the need for arbitration. (e.g., Indonesia, Morocco) Maybe Fees and costs should be transparent Establishing transparent fee structures and budgets for the proceedings may encourage efficient…
…differences between these guidelines. We focus on three key considerations, including: (1) technology and cyber security; (2) examination of witnesses and experts; and (3) venue. A Difference in Approach…
…paid. The seller counterclaimed for damages, or in alternative for costs and expenses incurred prior to termination. The final award rejected the claimant’s request. The Milan Court of Appeals came…
…security incident by providing guidelines for a back-up plan to troubleshoot and deal with such incidents and, if necessary, to reconvene if technical challenges prevent the participants from continuing to…
…and 36(1). The foregoing notwithstanding, interlocutory judicial review of challenge decisions serves a purpose. It is highly unsatisfactory for parties to be forced to participate and incur costs in proceedings…
…from it. Doing so is necessary to preserve the rule of law and the security of international trade and investment. Failure to do so will inevitably result in gross procedural…
…that seeks objectively to assess the costs and benefits of the Convention. This post summarizes the drafting history and basic terms of the Convention. The following two posts discuss the…
…increased workload of the Secretariat under the 2021 Swiss Rules, the revised Schedule of Costs in Appendix B provides for slightly higher administrative costs only charged for amounts in dispute…
…the Casablanca Arbitration Days. Thomas Williams, Ahmed Durrani & Umang Singh, The Advance on Costs in Arbitration: Reimbursement of Substituted Payment This article explores the issues arising from the…
…requests to additional costs is to be seen in the coming months. Regulatory landscape Crina Baltag (Stockholm University) introduced the recently passed Government Decision 298/2021 of 30 March 2021…
…GA Security The party liable to contribute in GA is the owner of the property at the time of the peril. That simple statement masks a complex picture. Since cargo…
…acting) to agree to grant a sole arbitrator the authority to award legal costs. According to the Court, a party representative should be specifically authorized to empower an arbitral tribunal…
…need for the Judge to decipher the witness’ true evidence from cross-examination. Early experience suggests it shortens witness statements and reduces the costs of drafting. However, the old process of…
…her international career: an offer of a judgeship on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Only a few months had passed since the United Nations Security Council…
…Fair and Equitable Treatment (“FET”). Rather, possible violations of MST are clearly enumerated and include, among others, denial of justice and failure to provide full protection and security (“FPS”). The…
…to effectively conduct the proceedings, appropriate video-conference platform, managing trial-runs and back-up options etc. Practical considerations abound as well, including privacy and security concerns, questions related to the protection against…
…or fax for any written communications in arbitrations. This offers a way to reduce costs and improve efficiency. It is proving particularly important during the ongoing COVID-19 pandemic which limited…
…the rights of the award-holder, making the award unenforceable without the need for providing security. In this sense, the 2021 Amendment revives the “clog” in the right of the award-holder,…
…national security concerns. Petroleum sector In the upstream realm, only a week into its term, the AMLO Administration ordered the suspension of pending exploration and production (E&P) licensing rounds…
…from GE. On the merits, the Sole Arbitrator passed a final award dated April 18, 2019, rejecting all of PASL’s claims and awarding costs of the arbitration along with interest…
