…the Trade Association Agreement between Ecuador and Costa Rica (Decision No. 2-23-TI/23), among other reasons, because it incorporated an state-private party (investor) dispute resolution clause providing for ICSID arbitration. According…
…the application of the VIAC Arbitration Rules. In response to sanctions against the Russian party, the German party terminated the contract. Thereafter, the court was called on to determine the…
…party will have to cumulatively consider (i) the mutual intent of the parties; (ii) the relationship of a non-signatory to the signatory party of the agreement; (iii) the commonality of…
…mirroring recent trends among leading arbitration rules, such as SCCA, DIAC, ICC, SIAC and HKIAC, is that they allow for third party funding. Third party funding could assist individuals and…
…uphold their arbitration agreements. Furthermore, Article 3.3 of Appendix I to DIAC Arbitration Rules 2022 provides a solution whereby a party can make substitute payments of the other party’s share…
…[n]ot have a direct relationship with any of the parties to the arbitration case which may prejudice their impartiality and independence.” A direct relationship with a party is the archetypical…
…funding will depend on meeting funding criteria and not every event, loss or damage caused by climate change will meet the criteria. Ironically, existing funding for climate change adaptation and…
…Perspectives The second panel provided advice for European practitioners seeking to arbitrate in Asia and then explored the growing popularity of third–party funding (TPF) in Asia, even drawing comparisons with…
…Resulting in Issue Estoppel Issue estoppel prevents a party from relitigating an issue that has been conclusively determined by a court. It is undisputed that foreign judgments can result in…
…ISU adopted rules which determined the conditions for third–party undertakings to organize skating competitions, the conditions for athletes to compete in such competitions, and a regime for possible sanctions. The…
…institution, this time a “China International Arbitration Center”. As the contract was governed by PRC law, the party that lost the arbitration argued that the arbitration agreement was not valid…
…million in damages, representing fair market value plus simple interest up to the date of the award. The Tribunal ordered each party to bear its own costs. In the following,…
…summary basis in relation to any issue claim, or defence, if the tribunal considers that the party has no real prospect of succeeding on that issue, claim or defence. While…
…issue on which judgment calls will need to be taken on a case-by-case basis. Arbitrators have a difficult line to tread between ensuring a “fair fight” and making a party’s…
…Ammar Tanhan, Addressing the Costs Imbalance Resulting from Third–Party Funded Investment Claims Third–party funding has become a hot topic in investment arbitration, and its significant growth has provoked concerns from…
…provisional relief in urgent cases. A party in need of a conservatory measure sometimes cannot wait for an arbitral tribunal to be constituted in order to seek provisional relief. This…
…sums awarded in a previous arbitration between them, the sole arbitrator, applying Brazilian law, held that a party’s unilateral expectation needs to be explicitly stated in a contract to be…
…applicable, will now need to disclose the name of any party, other than the parties to the arbitration, that has made an arrangement with a party to the arbitration for…
…The IBA Rules provide that: (a) witnesses are only cross-examined upon request by a party (IBA Rules, Article 8.1) and (b) if a party does not request to cross-examine a…
…Engil access and possession to the construction sites (¶ 349) and that even if there were doubts as to which party assumed the risk of lack of access to the…
…award based on a “reasonable perception of possible bias” of a sole arbitrator towards a party who chose to testify using an interpreter. Though FCM v. Grove Pham was a…
…winning party may be concerned that the losing party belatedly pleas an infringement of EU competition law just so the award is vacated. Procedural Solutions to Mitigate the Risks…
…that “arbitral awards given in the territory of either Party shall be recognised and enforced in the other Party” subject to fulfilment of certain conditions such as, the award being…
…information or displaying signs of lack of seriousness. In such cases, the party engaging in bad faith negotiations becomes liable for the resulting damages incurred by the other party. When…
