…potential delay if it is held physically, and a comparison between the costs for a remote hearing and a physical one might also be relevant. Among other things, the article…
…by the Respondents to the State. The Respondents argued that these payments were deductible from the sale proceeds as costs. The Claimants alleged that these payments were bribes, and therefore…
…without any certainty as to whether the costs of such arbitration proceedings will ultimately be recoverable against the company. The key principle espoused by both Courts is the importance of…
…if it deems that compliance would infringe its sovereignty or security”. Additional Hurdles: Recognition Once a decision is to be enforced in a foreign state, it must, as a…
…in international arbitration are well-rehearsed and have been the subject of much debate over the years. The time and costs involved in an appeal; the parties wish to ’opt-out’ of…
…can assist the tribunal in navigating and implementing these various solutions. This assistant can also alleviate concerns regarding privacy and cyber-security (including hacking and intrusions). In Mr Cohen’s view, these…
…equipment, and platform to be used by all participants in the virtual hearings. Parties are required to give considerations to the level of cybersecurity required to safeguard the security and…
…an applicant for preliminary discovery should pay the costs of the producing party unless the producing party has acted unreasonably. The costs of the discovery process can be significant and…
…contend with. The Working Group noted that parties will need to be financially equipped to deal with issues of funding and costs, particularly since arbitration costs would in principle be…
…that a judge imposing provisional measures, such as an attachment or injunction, obtain security for such remedy; such was not the case prior to this amendment. The security must be…
…the aftermath of Libya’s failure to offer inter alia full protection and security, many investors turned to ISDS in order to remedy their grievances. These investors did the right thing….
…to adopt national laws aimed at screening FDI potentially impinging on national security or strategic interests. This trend has grown out of concerns related to the foreign investments of sovereign…
…and directed the costs to be prepaid by the parties. The tribunal-appointed expert provided a signed statement of independence after which the tribunal prepared a list of questions, or referred…
…Investment under the 1994 Energy Charter Treaty,” pp. 271-273 and Esa Paasivirta, “The Energy Charter Treaty and Investment Contracts: Towards Security of Contracts,” pp. 356-358. as well as from the…
…Costs in Arbitration”. That report recommended already at that time, that telephone and videoconferencing may be considered, as well as whether witnesses may be heard by video link so as…
…thus, to adopt a very broad arbitral immunity. Most certainly, the idea of these rules is to provide security and legal certainty both for the parties and the arbitrators; such…
…difficulty to argue that they did not substantially contribute to the situation and below I discuss the most relevant defenses to epidemics. BIT Exceptions and the National Security Concept: Under…
…as detrimental for the security of the Ukrainian people. The Ukrainian Supreme Court, nevertheless, mentioned that after the sanctions have been lifted, Avia-Fed Service may try to enforce the award…
…disputing party’s costs. Expedited Review Mechanism The Jin Hae Seo submission discusses the expedited review mechanism that the United States has included in its investment agreements concluded after the…
…emergency measures, due to obligations arising under full protection and security (FPS) clauses, which tribunals have construed as requiring both physical security and legal protection. In this sense, insufficient State…
…Hotels v. Egypt, ¶¶ 85, 131). While such “protection and security” is predominantly concerned with the State’s due diligence obligations to ensure physical security of investments, some tribunals have given…
…arbitrations, and videoconferencing would naturally be allowed by this reasoning. The International Chamber of Commerce’s commission report on controlling time and costs in arbitration suggests that arbitration users may utilize…
…costs Additionally, the Armesto Schedule makes a specific provision for the allocation of costs derived from the document production phase. The PO provides that the tribunal will take into consideration…
…Country`s Energy Security and Development of the South Peruvian Pipeline’ (Concession Contract). It also states that it was obliged to submit this request for arbitration since the BIT establishes in…
