Time to Re-Evaluate the Common Law Approach to the Proper Law of the Arbitration Agreement
…was correct given the Supreme Court decision in Marks & Spencer plc v BNP Paribas Security [2015] UKSC 72; [2016] AC 742 – where it was held a term will…
Search Results for: security for costs
How the Auditory Dominates the Visual: A Case for Online Advocacy
…attractive notion to think that advocacy, in its subjective glory, can be seamlessly transplanted from the offline world and into the virtual dimension with little opportunity costs to fear of….
Arbitration Agreement, Canada, Domestic Courts, Employment arbitration, Uber v. Heller, UNCITRAL Model Law
Supreme Court of Canada Deals Blow to Uber, Declares Arbitration Clauses Invalid as a Result of ‘Surge Pricing’
…to commence such a claim before the ICC arbitration is approximately $14,5000 USD, which did not include further administration of the proceedings by the ICC, attorney’s fees, or other costs….
Extraterritorial Application of Investment Standards During Occupation and Annexation
…restore the concept of heightened damages for serious breaches of international peace and security (Chorzów Factory), now prevalent in investor-State arbitration, to its former glory. Likewise, heightened competence of arbitrators,…
Investment agreements, Investment Arbitration, Investment protection, Investment Treaties, United States, USMCA
The USMCA/CUSMA/T-MEC’s Entry into Force: USMCA and U.S. Investors – A Reversal of Fortune?
…standard U.S. provisions regarding the conduct of arbitral proceedings, including amicus curiae and non-disputing party submissions, expedited preliminary question proceedings, costs for frivolous claims, transparency measures, and the role of…
The USMCA/CUSMA/T-MEC’s Entry into Force: SAVE THE DATE: July 1, 2023 – Canada is Out. Legacy Investors, Get Your Investment Claims In!
…highlight that the total known amount for settlements and damages now tops over $219 million, with legal costs in the range of $95 million. Compared to the pristine NAFTA record…
The Battle for Survival Among Arbitral Institutions
…key features, such as reputation, costs, culture, expertise and level of transparency. Firstly, it is of paramount importance that parties evaluate whether they need the seal of a globally recognised…
Is An Arbitral Tribunal’s Draft Award Susceptible to Judicial Review?
…enforcement proceedings subject to an undertaking by the applicant to provide security should the application to challenge the award ultimately fail (as per Article 43 LAC 1988). Suffice it to…
How to Recognize and Enforce a Foreign Arbitral Award in the Kingdom of eSwatini?
…the escalating litigation costs. The route to recognise and enforce the award in this country would have been shorter and cheaper.” For those willing to recognize or enforce a foreign…
Opportunities and Challenges in View of the Singapore Convention on Mediation: Inaugural YSIAC-Young ICSID Joint Webinar
…to be decided in arbitration, which could save time and costs overall. A common thread throughout this panel discussion was the recognition that the global community has a strong growing…
Arbitration, Arbitration Proceedings, Human Rights, ICSID Amendments, International arbitration, Investment Arbitration, Reform, Working Group III
ISDS Reform and Advancing All “Generations” of Human Rights
…(thereby reducing costs) and/or provide a capacity to seek security for costs. For example, Working Group III in its 39th session aimed to address frivolous claims and reduce the possibility…
Judicial Support against Due Process Paranoia in International Arbitration
…abusive procedural demands often cause delays and increase the costs of the arbitration as tribunals labour to accommodate the party’s demands. Second, this causes further wasted time and costs in…
Investor Obligations: Africa Leads the Way
…Pan African Investment Code (PAIC) (also of 2016) features numerous investor obligations, while also omitting guarantees of fair and equitable treatment or full protection and security. The text of the…
Interviews with Our Editors: Nordic Innovations for Arbitration with Annette Magnusson
…the COVID-19 outbreak. Cybersecurity is a current concern in international arbitration. How is the security of file sharing via the SCC Platform maintained? Cybersecurity vulnerabilities is a multifaceted issue….
Huawei and ISDS: 5G Infrastructure and Investment Claims
…the case of the UK, due to differences in the wording of the China-UK BIT. Does a ´security risk´ excuse discrimination? National security considerations will entail discriminating against foreign investors…
Appointment of arbitrators, Arbitrator Intelligence, Arbitrators, COVID-19, International arbitration
The Market for Arbitrators and The Market for Lemons
…rates of recovery, comparative evaluation of standards for document production, and approaches to awards of costs and fees can now be considered in arbitrator selection. Assessment of these considerations has…
The Negative Affect of Negative Effect of Kompetenz-Kompetenz on International Arbitration: Notes from the Devas v. Antrix Saga
…in an earlier resolution of the dispute between the parties, conferred greater legitimacy on the subsequent arbitral proceedings by removing uncertainty, and helped save additional costs of setting aside and…
Bilateral Conventions of Establishment: An Illustration of their Potential Application in Contemporary Practice
…a reciprocal basis and full protection and security to the Contracting States’ nationals and their assets, especially in relation to the disposal – both by acquisition and sale – of…
Advancing Abdel Wahab’s Pandemic Pathway: Arbitral Justice as an Interposition Between the Twin Duties of Fairness and Efficiency
…present its case fully”. Arbitral tribunals, typically, may be circumspect when making case management decisions given that a delay (occasioning an increase in arbitration costs) is preferable to an enforcement…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, COVID-19, Institutional Rules, International arbitration, International Commercial Arbitration, SIAC, Virtual hearings
International Arbitration During COVID-19: A Case Counsel’s Perspective
…can save considerable time and costs. As a matter of prudence and proper planning, stakeholders may wish to consider the following factors whilst opting for virtual hearings: a. feasibility to…
A Tale of Two Cases: Public Policy Defence to Award Enforcement in Hong Kong
…trepidation. Hong Kong courts have also historically taken a robust approach and awarded indemnity costs against the unsuccessful party applying to set aside an award. Parties should bear this in…
Reimbursement of Advance on Costs Paid in Substitution for Defaulting Party: a Case Study Under the ICC Rules
It is not uncommon to encounter international arbitration cases in which one party, usually the respondent, refuses to pay the advance on costs set by the institution. This may occur…
Transparency and Data Analytics: The Keys to the Transformation of the ISDS Adjudicator Appointment Process
…and coherence of the awards, costs and efficiency, and the adjudicators and decision-makers. The latter category has solicited the most attention as ISDS adjudicators (primarily arbitrators) have been a “lightening…
Eating Your Cake and Having It Too: The Equitable Doctrine of Approbation and Reprobation in MPB v LGK
…essence, the doctrine is about preventing inconsistent conduct and ensuring a just outcome. The Judge dismissed MPB’s application to set aside the award with costs. Comment The case provides…