COVID-19 and Investment Treaty Claims
…costs, but they are also having a wider impact on economic interests. Europe, Italy, France and Spain, among others, have imposed nationwide lockdowns, and the UK has also imposed significant…
Search Results for: security for costs
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Frivolous Claims, Investment Arbitration, Reform, Security for Costs, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Security for Costs – An Inefficient Mechanism to Avert Frivolous Claims in ISDS
…of security for costs as compared to other kinds of provisional relief. Generally, compelling (under the threat of dismissal) a party with limited resources to post security for costs at…
Appellate Court, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: Reforms in the Realm of Investor-State Disputes – UNCITRAL’s Proposals for an Appellate Mechanism and its Impact on Duration and Cost
…of the main criticisms on ISDS – duration and costs. An AC, in fact, will increase duration and costs. Both lead to uncertainty, which tends to have a chilling effect…
Arbitration, Arbitration Institutions and Rules, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: One Step Closer to a Multilateral Investment Court?
…of a MIC, preliminary discussions revolved around matters such as remuneration of the adjudicators, costs related to the administration of the case and administrative support staff, and the overhead costs…
Arbitration, Arbitration Proceedings, Arbitrators, BIT, Investment Arbitration, Reform, UNCITRAL WG III Series, Working Group III
UNCITRAL Working Group III: An Introduction and Update
…meetings. These include issues associated with the duration and cost of investor-State arbitration proceedings, and related issues such as security for costs; issues of predictability and consistency between arbitral decisions;…
Conflicts of interest, COVID-19, Ethics, IBA Guidelines on Party Representation, LCIA Guidelines for Parties' Legal Representatives, LCIA Rules, Vis Moot, Willem C. Vis Moot
The 2020 Vis Moot: Facing Emerging Challenges, While Continuing to Hone Best Practices in Procedure and Ethics
…case of adverse costs orders (for an analysis of this matter, see here).2)2013 IBA Rules, Guideline 26(b) and (c). *** All in all, this year’s Vis Moot participants will have…
India, Brazil Ink Novel Investment Treaty: Is Dispute Prevention the Way Forward?
…costs, although the tribunal may in its discretion direct any party to bear all or a substantial portion of the costs. The treaty further lays down the criteria for the…
The Green Pledge: No Talk, More Action
…reduce costs by half and emissions by a quarter. Travel objectives could be met by using video more frequently to interview and prepare witnesses and taking the self-evident step of…
India-Brazil Bilateral Investment Treaty – A New Template for India?
…investors abusing the system can never be ruled out, the possibility for host States to abuse their public power to the detriment of foreign investors or impose disproportionate costs on…
Combating Climate Change: The Role Of Investor-State Arbitration In Africa
…claims under the Energy Charter Treaty after revising incentives under its (renewable) energy schemes. Whilst Spain might be well placed to absorb the costs of such ISDS cases, the risk…
Quo Vadis Supreme Court of Ukraine?
…that security personnel authorised to receive the mail had never received any of the arbitration communications. Although the Supreme Court confirmed in its decision of 21 August 2019 that the…
After 48 Years at ICSID (1972-2020): An Overview of the Status of Egypt in ICSID Arbitrations
…security 64%, Denial of justice 50%, Most favored nation treatment 28%, Discriminatory measures 21%, Minimum standard of treatment 14%, Breach of contracts 7%, National treatment 7%, and Umbrella clauses 7%….
Arbitral Tribunal, Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Procedure, ICSID Proceedings, International Investment Arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform
The ICSID Reforms and Working Paper 4: Push or Pull?
…dispute. The proposed amendments also address the importance of third-party funding arrangements to decisions on security for costs. Originally, the revised rules on security for costs recognised the capacity for…
Yukos: Enforcement or Adjournment of Arbitral Awards During Set Aside Proceedings
…trading, if enforcement is delayed. If that is likely to occur, the case for security is stronger. The English Commercial Court developed a sliding scale for security in Soleh Boneh:…
Climate Change, the Environment and Commercial Arbitration
…provide additional detail on the reimbursable travel-related expenses, which now include the “standard costs of climate compensating for the [arbitrators’] flights”, i.e. the arbitrators’ costs of carbon offsetting their flights…
Arbitral Tribunal, Arbitration, Arbitration Agreement, Arbitration Agreements, Financial Industry, Lebanon
The Ongoing Lebanese Financial Crisis: Is There Potential For Investor-State Arbitration?
…Security All of Lebanon’s investment treaties guarantee investments full protection and security. As the Tribunal in CME v. Czechia explained, a state’s obligation to afford full protection and security arises…
Keeping Intra-EU ISDS Alive: The Supreme Court of Sweden Requests Preliminary Ruling from the CJEU on Validity of Arbitration Agreement in Light of Achmea Decision
…of Poland (SCC Case No V 2014/163) (Case Report available here) awarded the investor approximately EUR 150 million in damages plus interest and costs after determining that Poland violated the…
ADR, Arbitration Industry, Arbitration institution, Arbitration Institutions and Rules, Interviews with Our Editors, USA
Interviews with Our Editors: The ICDR in the Spotlight with Luis Martinez, Vice President of the ICDR
…use of the Expedited Procedures for smaller claims and the associated abbreviated time frames and reduced costs. The arbitrator costs are limited to one flat fee (amount is case and…
Twenty-First Century Arbitration: Who Do You Trust?
…computers (called nodes) simultaneously. Blockchain is premised on the core principle of no central authority and no central database, it is free of transaction costs (although participation in it obviously…
Arbitration to Fight Piracy: Greece, France, Italy, USA, Israel, Qatar, South Korea vs. Turkey in Support of Cyprus?
…nor by actions of its administrative bodies is the agreed and approved security and protection of the foreign investor’s investment withdrawn or devalued.” By granting exploration rights to TPAO over…
Artificial Intelligence, Document Production, Efficiency, International arbitration, Predictive Coding
Artificial Intelligence, A Driver For Efficiency In International Arbitration – How Predictive Coding Can Change Document Production
…as a costs-saving measure to a costs-wasting measure. Engaging in discussions early about this issue could protect against those later arguments, or at least make the process more defensible. Any…
Arbitration Agreement, English Law, Estoppel, Jurisdiction of the arbitral tribunal, No oral modification clauses, Non-signatory, Separability, UK
Kabab-Ji: The Effect Of No Oral Modification Clauses On Non-Signatories Of Arbitration Agreements Under English Law
…made on 11 September 2017 and the challenge was due to be heard by the Paris Court of Appeal in February 2020. KJ also sought security under s.103(5) for its…
Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention
…it ordered Romania to provide security in the sum of £150m. Both limbs of this decision were appealed before the Supreme Court, respectively, by the Micula brothers (against the stay)…
Construction, Construction arbitration, Exclusionary Clauses, India, International Arbitration Procedures, International Commercial Arbitration, SCL-CIArb, UAE, UNIDROIT Principles of International Commercial Contracts
Delay and Damages in Construction Contracts: A Report from the 4th SCL-CIArb-India International Conference on Construction Law & Arbitration
…time-related costs. According to Mr. Brynmore, this principle is also followed under Swiss law and is reflected in Article 44 of the Code of Obligations of the Swiss Civil Code….