…standard U.S. provisions regarding the conduct of arbitral proceedings, including amicus curiae and non-disputing party submissions, expedited preliminary question proceedings, costs for frivolous claims, transparency measures, and the role of…
…highlight that the total known amount for settlements and damages now tops over $219 million, with legal costs in the range of $95 million. Compared to the pristine NAFTA record…
…key features, such as reputation, costs, culture, expertise and level of transparency. Firstly, it is of paramount importance that parties evaluate whether they need the seal of a globally recognised…
…enforcement proceedings subject to an undertaking by the applicant to provide security should the application to challenge the award ultimately fail (as per Article 43 LAC 1988). Suffice it to…
…the escalating litigation costs. The route to recognise and enforce the award in this country would have been shorter and cheaper.” For those willing to recognize or enforce a foreign…
…to be decided in arbitration, which could save time and costs overall. A common thread throughout this panel discussion was the recognition that the global community has a strong growing…
…(thereby reducing costs) and/or provide a capacity to seek security for costs. For example, Working Group III in its 39th session aimed to address frivolous claims and reduce the possibility…
…abusive procedural demands often cause delays and increase the costs of the arbitration as tribunals labour to accommodate the party’s demands. Second, this causes further wasted time and costs in…
…Pan African Investment Code (PAIC) (also of 2016) features numerous investor obligations, while also omitting guarantees of fair and equitable treatment or full protection and security. The text of the…
…the COVID-19 outbreak. Cybersecurity is a current concern in international arbitration. How is the security of file sharing via the SCC Platform maintained? Cybersecurity vulnerabilities is a multifaceted issue….
…the case of the UK, due to differences in the wording of the China-UK BIT. Does a ´security risk´ excuse discrimination? National security considerations will entail discriminating against foreign investors…
…rates of recovery, comparative evaluation of standards for document production, and approaches to awards of costs and fees can now be considered in arbitrator selection. Assessment of these considerations has…
…in an earlier resolution of the dispute between the parties, conferred greater legitimacy on the subsequent arbitral proceedings by removing uncertainty, and helped save additional costs of setting aside and…
…a reciprocal basis and full protection and security to the Contracting States’ nationals and their assets, especially in relation to the disposal – both by acquisition and sale – of…
…present its case fully”. Arbitral tribunals, typically, may be circumspect when making case management decisions given that a delay (occasioning an increase in arbitration costs) is preferable to an enforcement…
…can save considerable time and costs. As a matter of prudence and proper planning, stakeholders may wish to consider the following factors whilst opting for virtual hearings: a. feasibility to…
…trepidation. Hong Kong courts have also historically taken a robust approach and awarded indemnity costs against the unsuccessful party applying to set aside an award. Parties should bear this in…
It is not uncommon to encounter international arbitration cases in which one party, usually the respondent, refuses to pay the advance on costs set by the institution. This may occur…
…and coherence of the awards, costs and efficiency, and the adjudicators and decision-makers. The latter category has solicited the most attention as ISDS adjudicators (primarily arbitrators) have been a “lightening…
…essence, the doctrine is about preventing inconsistent conduct and ensuring a just outcome. The Judge dismissed MPB’s application to set aside the award with costs. Comment The case provides…
…potential delay if it is held physically, and a comparison between the costs for a remote hearing and a physical one might also be relevant. Among other things, the article…
…by the Respondents to the State. The Respondents argued that these payments were deductible from the sale proceeds as costs. The Claimants alleged that these payments were bribes, and therefore…
…without any certainty as to whether the costs of such arbitration proceedings will ultimately be recoverable against the company. The key principle espoused by both Courts is the importance of…
…if it deems that compliance would infringe its sovereignty or security”. Additional Hurdles: Recognition Once a decision is to be enforced in a foreign state, it must, as a…
