…and envision further binding international agreements on a broad range of subjects, including security cooperation, civil aviation, exchange of science and technology, telecommunications, and energy.. Under the Accords, Israel and…
…life and business which directly decrease the efficiency of arbitration. Efficiency could be increased, and costs reduced if we tackled the issues of other two E’s and if International arbitration…
…to damages claims for the costs of the arbitration if the award is annulled. Any party to a German-based arbitration must discuss the Frankfurt decision with their (prospective) arbitrator(s) in…
…that institutional rules ought to be amended such that ignorance is visited by costs orders and strike out of claims and defences. Further, the 2010 IBA Rules on the Taking…
…multilateral approach. On some issues, including the COVID-19 pandemic (WHO), the climate crisis (Paris Climate Agreement), and global security (NATO), we can expect what I would call “wholesale multilateralism”—that is,…
…exception, Article VI provides national courts in enforcement proceedings the discretionary power to adjourn the proceedings and order the award-debtor to provide security if an application for setting aside or…
…is not entirely unheard of in Model Law jurisdictions. Courts in Hong Kong have long used indemnity costs orders against parties who trouble the court with unmeritorious challenges (here, here,…
…communications satellites, and are, therefore, highly prized. In 2011, Antrix terminated the contract, citing ‘essential security interests’ identified by India’s Cabinet Committee on Security. The tribunal was faced with a…
…it.” After all, burdensome litigation costs are not unique to ISDS. In 2009, Sir Rupert Jackson proposed significant reforms to reduce the costs of litigation in England and Wales following…
…Article 37.10 and Article 4.2 of the Appendix – “Costs of Arbitration”, empower a tribunal to assess the arbitration costs and apportion them between the parties. The costs of the…
…2011 for the supply of permanent way materials, and also requesting that the defendant is obliged to indemnify the plaintiff for the costs of the extrajudicial legal prosecution plus interest….
…security, whether real or false. She observed that there has been a fragmentation of the global order, with countries forming alliances on an issue-by-issue basis, rather than working with traditional…
…arbitration in Amsterdam, and an administrative fee to commence the proceedings of $14,500.00 USD. Heller’s annual income was close to this amount, excluding the costs of traveling to Amsterdam and…
…the COVID-19 pandemic in civil and common law systems, including requests for extensions of time and prolongation costs. The expected increased reliance on the doctrines of hardship, force majeure, and…
…amount of defense costs to which they were entitled could be determined in a separate evidentiary hearing, if the tribunal decided that the insurance company was liable for such costs….
…Adrian Fourie, Unionmatex v. Turkmenistan: The Emerging Jurisprudence of Security for Costs in Investor- State Arbitration Applications for security for costs raise fundamental principles of legal philosophy, with leading arbitrators…
…or compromises that are necessary to produce a settlement. As the ICSID Secretariat notes, confidentiality ‘creates a sense of security for the parties … allowing the parties to engage freely…
…disputed that investor-state arbitration can be a process that is long and drawn out. In fact, the SIDRA Survey indicates that costs and speed are not key considerations for clients…
…the costs and duration of arbitration”. Procedural reform of investor-State mediation falls within the mandate of Working Group III, which has been tasked with considering possible reform options for investor-State…
…the purpose of disrupting their security. Due to by a New York Attorney General’s recent investigation, Zoom has committed, among other things, to implement various security measures including penetration-testing, which…
…drafted last or, even if they are drafted earlier in the negotiation process, they do not enjoy the same amount of due diligence. It seems that this tradition costs the…
…solutions. Efficiency comes at some costs, as various procedural tradeoffs are sometimes required, as briefly discussed above. The see our full series of posts on the UNCITRAL WG II…
…disputes. It is certainly true that small disputes benefit from being solved through a mechanism with relatively low costs. The fees in expedited arbitration are lower than in ordinary arbitration,…
…be effective. Why Efficiency Matters A perceived loss of efficiency—and the increased time and costs that come with it—has been a major concern of international arbitration users for years….
