Fresh Off The Press: The Latest arbitrateAD Rules
…concerned claim or defense; and the arbitral tribunal to order costs against the unsuccessful party where it is of the view that any such request was made frivolously (although the…
Search Results for: security for costs
Countdown to RIDW24: Global Dispute Trends in the Age of Data and Climate Change
…want to gain access to the data that it has collected. The shift to remote working and cloud-based storage has made it more difficult for businesses to maintain data security….
ADR, Arb-Med, Asia-Pacific, Australia, International Arbitration Procedures, International Commercial Arbitration, investor-State arbitration and mediation, Litigation, Med-Arb, Mediation
Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?
…years by mostly now treaty-based ISA. However, as in the 1990s, concerns are again surfacing about escalating delays and especially costs (Part 3). Burgeoning costs and delays are due not…
Countdown to RIDW24: International Arbitration – Driving Efficiency and Reducing Costs
Arbitration has emerged as a preferred and valuable tool for resolving disputes. However, the associated costs and time can sometimes deter parties from pursuing this avenue. Fortunately, there are various…
2023 Year in Review: A Look Back at Arbitration in Canada (Part 1)
…arguably also somewhat questionable. Apart from arbitration costs and the duration of the arbitration, the Court considered the fact that the events underlying the dispute between the parties took place…
US Court Refuses to Enforce a DIFC-LCIA Arbitration Clause due to Abolishment of the DIFC-LCIA Arbitration Centre
…such arbitration proceedings, the DIAC will apply the rules of procedure of the DIAC, including the tables of fees and costs, through the DIAC’s own case management systems, unless otherwise…
Arbitration Tech Toolbox: The Future of Dispute Resolution: Evolution or Revolution?
…traditional legal tasks. Technology has driven efficiency and reduced costs in some areas, but the underlying legal tasks have not materially changed. That may not be the case going forward….
2023 Year in Review: A Look at International Arbitration in California
…the CalArb website. Highlights include “Arbitrating in a Time of Trade War: Successfully Navigating the Minefields of National Security, Cross-Border Data Restrictions, Sanctions and US-China Decoupling to Achieve Fair and…
Can Indonesian Courts Override Arbitration Agreements When Claims Involve Third Parties?
…to join simply because by joining, it must pay the arbitration costs, or at least, risk bearing them. Another possibility is to first arbitrate the dispute between the parties who…
Is the “Africanization” of International Investment Law Needed?
…is necessary for the protection of its essential security interests” and to retain the right to “regulate in the public interest” and adopt measures to promote and protect those states’…
Washington Arbitration Week Recap: the Ukraine Crisis and Post-War Scenarios
…since they take into consideration specific issues such as the de-mining costs, the rebuilding costs, or contractual penalties for instance. The main goal is to be prepared, collect, and present…
CRCICA Launches New Arbitration Rules 2024
…of or in connection with more than one contract in a single arbitration. This provision allows parties to save time and reduce costs when resolving disputes arising out of two…
2023 in Review, AIAC, Arbitrability, Arbitration Institutions and Rules, Confidentiality, Enforcement, Indonesia, Malaysia, Philippines, SIAC, SIAC Symposium 2023, Singapore, Thai Arbitration Institute, Thailand, Timor-Leste, VIAC, Vietnam
2023 Year in Review: Southeast Asia
…on 30 May 2023 tackled the very topical issue of controlling costs in international arbitration. Looking Forward In view of the recent and upcoming developments in arbitral rules and…
Abuse of interests, Dominican Republic, Environmental protection, Latin America, Legality of the investment
Environmental Protection Policies and Foreign Investment in Latin America: Lessons from Michael Anthony Lee-Chin v. the Dominican Republic
…in the operation of the Duquesa Landfill and its various breaches of the concession agreement caused a public health crisis that endangered the national security and created a risk of…
Security for Costs Against (Non-Sanctioned) Russian Claimants? – An Overview Under the Vienna Rules
…for a security for costs order are determined by the applicable institutional rules or arbitration laws, the respondent applying for security for costs will generally have to prove the existence…
The CIETAC Arbitration Rules 2024 Comes Into Force
…and the parties’ compliance with the disclosure requirement when deciding on arbitration costs or any other fees. This continues CIETAC’s past efforts to regulate third-party funding. In September 2017, CIETAC…
Young Arbitrators Sweden (YAS) Arbitration Day 2023 Recap: Celebrating 20 Years of Innovation and the Advantages of the Odd “Loose Cannon”
…advice was to bear in mind the extensive costs and limited certainty of outcome in a dispute, and the client’s level of familiarity with arbitration. The importance of honest and…
Recent Decision of the General Assembly of the Dubai Court of Cassation Brings the Consequences of Non-payment of Arbitration Costs in DIAC Arbitration in Line with International Best Practice: Long Live the General Assembly!
…established rule in DIAC arbitration that the arbitrating parties share the costs of the arbitration equally pending a costs decision by the tribunal, which allows the allocation of the arbitration…
Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)
…arbitration process, internally and externally. By embracing innovation, we hope to enhance efficiency, reduce costs, and provide a seamless experience for all users, thereby streamlining processes, reducing administrative burdens, and…
Arbitration, Arbitration Institutions and Rules, Climate change, Energy, Investment Arbitration, ISDS, Kluwer Arbitration Blog, Legitimacy
From the Editors of Kluwer Arbitration Blog: 2023
…Disputes, Maxi Schrerer on The Effects of Insolvency on International Arbitration, Ank Santens’ critical discussion on Costs in International Arbitration: A Plea for a Debate on Early Guidance by the…
2023 Copenhagen Arbitration Day Recap: The Future of Arbitration
…a reasonable opportunity to present its case; and (iii) avoid unnecessary costs and delay. Mr Savola discussed not only traditional considerations, such as deciding between memorial or pleading styles, the…
Non-Payment of the Advance on Costs Reversal by the General Assembly of the Dubai Court of Cassation
…costs. The respondent argued that this rendered the arbitration clause unenforceable. The DCC dismissed the challenge as the advance on costs was in fact paid by the claimant but the…
UNCITRAL Working Group II 78th Session: Seeking the Balance Between Innovation and Due Process
…a party-appointed expert. Moreover, the proposal could also lead to additional financial costs for the parties. To address some of the above concerns, it was suggested that the model clause…
X CAM-CCBC Arbitration Congress: Green Transition, Artificial Intelligence, Evolution of Arbitral Institutions & The Future of International Arbitration
…of AI, arbitral tribunals may give specific guidance in relation to access to technology and discuss reimbursement of reasonable costs, including the costs related to the use of AI tools…