…that the parties should not be required to bear the costs of the second proceeding if the award is set aside and the arbitration is resumed has long been part…
…use emergency arbitration proceedings available under certain arbitral rulesets in order to provide for security for a pending claim. Such proceedings can result in an interim order issued within a…
…would win (funding costs). Eleonora Ebau of the University of Torino (Italy) then explained the impact of third-party funding on the way that costs are awarded in arbitration. She discussed…
…Security Council and General Assembly Resolutions. On this matter, the Court concluded that, in accordance with Article 31 of the Vienna Convention on the Law of Treaties (the “VCLT”), the…
…anti-suit, freezing injunction and security for costs applications in 45.2% of cases, according to data compiled by Solomonic. What Types of Relief Have Been Applied for? 51 cases referred…
…interest, arbitrator’s power to exercise lien on the award, provision of security for costs, joint and several liability of the parties for arbitrator’s fees and expenses, application of Statutes of…
…example. Whilst the arbitral process is often criticized for its costs, procedural delays, or lack of power against third parties, the question remains whether International Commercial Courts will be able…
…locally and at a lower cost.5)See CIAMA Costs and Fees and LMAA Notes on Fees. On the other hand, being North Africa’s only specialised maritime arbitration centre, CIAMA fills a…
…rather than export it as agreed with the concerned investor was an act of necessity which was the only way to maintain Egypt’s security, public order, and stability, safeguard its…
…of the problem instead of passing on the blame and costs. He emphasised that for the benefit of the arbitration community, it would be important that the skills of arbitrators…
…progressive provisions imposing upon investors upfront compliance with a set of environmental, labor and human rights, and having the immense merit of clarity and security. These provisions depart from the…
The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of…
…the administrative fees charged at the Centre compared to other arbitration institutions in the world, as illustrated in Global Arbitration Review (GAR)’s 2019 survey of arbitration costs. This is because…
…of parties to enter into an arbitration agreement in case disputes arise. This, however, still bound parties to go to courts to enforce awards and thus implied additional costs. Reference…
…heard] 4A_312/2017 of 27 November 2017 [Public policy – Player’s agent fee of ten times player’s salary not excessive] 4A_66/2019 of 15 March 2019 [Annulment proceedings – Security for costs]…
…for example by substantially reducing the time and costs needed to process large quantities of diverse documents. However, because each dispute is factually and legally different and thus features a…
…costs, ethical considerations, third-partying funding, and transparency. The amendment of the CCFTA was in line with Chile’s IIA program in recent years. Historically, Chile’s IIA program centered on bilateral investment…
…the advantages of Danish arbitration including: lower DIA costs, pro-enforcement judgments and Denmark’s top ranking in the World Justice Project’s Rule of Law Index. Frank Bøggild of Kromann Reumert then…
…be limited to costs already incurred. I provide below examples of recent arbitral awards where this point was raised, and I summarise the reasoning adopted by Tribunals in each case….
…granting a temporary stay of enforcement and have conditioned any granted stay on the losing party paying security to minimize potential prejudice caused to the winning party’s interests. Similarly, in…
…and costs in arbitral proceedings. Institutions like the UNCITRAL (Notes on Organising Arbitral Proceedings), the ICC (Appendix IV of the ICC Arbitration Rules 2017) and the College of Commercial Arbitrators…
…case of confidential settlements (Article 42(1)); nuanced rules in respect of costs and deposits that encourage the tribunal to sensitive to the interests of access to justice (Articles 46-49); an…
…the rules on interim measures. This meant that costs could not be recovered even in case a party had been informed on TPF and asked for security for costs. Thus…
…subsequent enforcement proceedings. And we have also seen the re-litigation of identical issues in different enforcement proceedings in different courts. This is bound to increase costs and further erode the…
