…of international arbitration, save costs and protect parties from manifestly unmeritorious claims that would have never seen the light of day in many countries’ courts. While tribunals in principle had…
…a number of weeks. Security or undertaking: Whether in Mainland China or in Hong Kong, the applicant should be ready to provide court-compliant security or undertaking (Article 8 of the…
…include an arbitral award. The Asian Development Bank (“ADB“) previously reported that the absence of an effective arbitration regime in Tonga adds to the costs and uncertainty associated with business…
…mechanism for the existing ISDS regime. Finally, allowing Contracting States to submit treaty interpretations during ISDS proceedings adds an additional procedural step which could lead to increased costs and time….
…the ‘Full Protection and Security’ (FPS) clause as traditionally understood, it is now limited to mere physical protection. Additionally, while Article 3 of the Model BIT provides certain substantive obligations…
…when the Tribunal deems necessary. Security protocol: As described above, given the increasing confidentiality and security concerns over use of internet and applications these days, parties should agree and establish…
…whether security for costs should be granted against the funded party. The key question in assessing an application for security for costs is the party’s ability to meet an adverse…
…order the disobeying party to pay to the sanctioned entity a sum of money up to the total amount in dispute as well as the legal costs, if the granted…
…in arbitration in that the arbitral tribunal may award costs to the parties at its discretion. The LCAM Expedited Arbitration Rules: Package Arbitration LCAM’s Expedited Arbitration Rules are a…
…Initially, some considered the FET standard a “catch-all” provision (encapsulating e.g. constant protection and security, non-discrimination, etc.). However, nowadays most experts treat it as a stand-alone standard that generates a…
…and security for costs. Provisions on the early dismissal of claims or defences that are manifestly without legal merit or manifestly outside the jurisdiction of the arbitral tribunal. Provisions on…
…emphasises that “due regard” should be given to the work of UNCITRAL and ICSID in developing an ECT mechanism for security for costs and regulation of third party funding. Georgia…
…years, representing the length of the terminated Agreement; US$ 1.94 million for arbitration costs and expenses; and 4% interest on all amounts awarded from the date of the arbitral award…
…data protection concerns. These concerns were brought into sharp focus recently when some platforms were reported to have been subject to security attacks affecting numerous users. Are video conferencing…
…following: There is life after COVID-19 and that life will continue to include virtual hearings as an option for the users of arbitration, with attendant costs savings. It is therefore…
…fair and equitable treatment, full protection and security, and expropriation. One of the jurisdictional objections presented by Venezuela was that Clorox Spain lacked a protected investment, for Article 1(2) of…
…larger ones, directly or via annual fees for members. Was that to defray the costs of refreshments or physical venue space, and/or because participants pay more for the opportunity for…
…necessary to conduct virtual arbitration hearings might have the potential to outweigh travel and accommodation costs. Even though virtual arbitration hearings would be unlikely to fully replace in-person hearings, they…
…be a popular seat due to its three distinctive features: security, stability and sustainability. These characteristics were demonstrated by Singapore’s effortless transition into the “new norm” of online hearings in…
…Executive Order on Securing the Information and Communications Technology and Services Supply Chain). These tariff and non-tariff measures will significantly affect supply chains by increasing costs, reducing access to materials,…
…Arbitration (2020 edition) provides guidelines on how to adhere to a high standard of information security during an international arbitration. The ICCA-IBA Roadmap to Data Protection in International Arbitration (public…
…in International Arbitration (Prague Rules), Article 4.2. ↑4 ICC Commission on Arbitration and ADR Task Force on Reducing Time and Costs in Arbitration, Techniques for Controlling Time and Costs in…
…costs of outcome related fee arrangements be recoverable from the unsuccessful party to the arbitration? The Singapore Paper proposes excluding CFA success fees from costs orders. (Singapore Paper, paragraph 17)…
…bonds or other security put up in the context of construction contracts, in order to prevent the termination of the contract. In Singapore, Mr Jeyaretnam noted that the government already…
