…unsatisfied participant may notify the UN Security Council that it considers the issue to be a significant non-performance. That notification triggers the final fifth step where the Security Council will…
…Kochi case, thus providing award creditors the immediate benefit of an award by way of security and not letting any automatic stay stymie the execution for several years. Invalidity of…
…the arbitrator must be one of the following: an advocate in India, a chartered accountant, a costs accountant or a company secretary with certain years of experience (the eighth schedule)….
…international security. Granting investors access to ISDS thus creates space for states to cooperate more effectively in other fields without investment disputes clouding their relations, a phenomenon that is also…
…In comparison to the previous Arbitration Rules and the Rules of Expedited Arbitration (hereafter the “2013 Rules”), the Institute will now require an advance on costs in all arbitration proceedings,…
The dilatory tactics of some claimant parties in conducting arbitration proceedings can often be frustrating and can result in unnecessary costs and expenses. In the judgment of Jaks Island Circle…
…the death of an arbitrator, provisions relating to the award of costs and interest, and provisions governing the liability of an arbitral tribunal. Lastly, as discussed earlier on the Blog,…
…to a number of modern considerations, including preliminary objections, awarding of costs, ethical considerations, third-partying funding, and transparency. The amendment of the CCFTA was in line with Chile’s IIA agenda…
…the Singapore International Arbitration Act does not provide for an appeal on questions of law. Procedure. Which jurisdiction has enacted legislation to empower arbitrators to impose exemplary costs on…
…and full protection and security. In some cases, the legitimate expectations standard has been analyzed by investment tribunals considering both the investors’ economic interest and the State’s right to regulate….
…costs and other applications. Indeed, the ADGM is widely regarded by parties as a favorable seat, for its incorporation of the UNCITRAL Model Law, with certain enhancements, including with regard…
…the EU courts, whether the duty of sincere cooperation precludes an English court from ordering the State to provide security. The Supreme Court had not handed down its decision yet….
In the recently rendered Oded Besserglik v Mozambique award (“Award”), after 5 years of proceedings and millions in costs and expenses, a tribunal accepted a Motion to Dismiss and declined…
…35 grants a broad discretion to arbitrators to decide what procedures to adopt and what issues to take into account when considering application for security for costs. This could pose…
…claims and security for costs. In May 2015, at a High-Level Ministerial Conference held in The Hague, the International Energy Charter was adopted and signed by 65 countries and…
…are true 9. Procedure Which jurisdiction has enacted legislation to empower arbitrators to impose exemplary costs on parties seeking adjournments? a. Myanmar b. Vietnam c. India d….
…several classic investment protections, such as prohibition of unlawful expropriation, protection and security and most favored nation treatment. It also includes an ad hoc investor-state arbitration provision (Article 17), which…
…might become too costly. Prof. Bungenberg made clear that he sees no tensions between the requirements of diversity and expertise. With regard to costs, he argued that it should be…
…to their needs in the dispute at hand” and sample model clauses, which are annexed to the Rules.3)Supra note 1. Additionally, litigation costs remain an outstanding and significant issue. In…
…of costs should not be affected by the existence of third-party funding.9)ICCA-QMUL Task Force Draft Report on Security for Costs and Costs 2015, p. 10. Conclusion A number of…
…the right institution and its procedural rules an increasingly sophisticated exercise. The governing structure, costs and arbitration rules of each institution are factors that affect its suitability to administrate a…
…settling future disputes. Another factor is the costs of proceedings. Until recently, court fees in Poland were capped at a maximum level of PLN 100,000 (i.e., approx. EUR 23,000). This…
…addressed at ILW in connection to national security exceptions. There, the focus was on why the WTO typically gives greater effect to national security exceptions than do ISDS tribunals. Professor…
…were made against states from these regions. Security for costs requests fail in the vast majority of cases Investor-state arbitration is notorious for its costs. The costs often reach…
