…Ania Farren, Vannin Capital, highlighted that from the perspective of arbitration costs, parties appreciate that the English law embodies the rule that costs follow the event (or loser pays). Further,…
…protection post-Achmea, interim measures, security for costs, emergency arbitration procedures, and transparency in investment arbitration, as well as the wider issue of ISDS reform. The first panel of the session…
…a derivative industry-specific arbitration institution such as the London Maritime Arbitrators Association (LMAA) could be the way forward by introducing a standardised approach, reducing costs, and increasing efficiency. Such an…
…claimant’s valuation. Sunk or Wasted Costs Notwithstanding the pros and cons of the valuation methods discussed above, the so called “sunk or wasted costs” method appears to have a…
…hypothesis tests, such as the chi-square test of independence that was summarized above, and possibly others. We also plan to explore the costs associated with various input variables (including but…
…the Treaty not to expropriate US investments, and to accord US investors and their investments fair and equitable treatment, full protection and security and no less favorable treatment than that…
…raised in relation to it, which include an increase in frivolous claims, lack of impartiality of the arbitrators, the impact on ISDS costs and security for costs, and a potential…
…that parallel arbitrations are commenced in reference to separate contracts but involve the same project, consolidation of the arbitrations into a single arbitration can save costs and time and avoid…
…Treaty-based Investor-State Arbitration, Section B also includes provisions such as Art 14.31 (Transparency of Arbitral Proceedings); Art 14.28 (Security for Costs); Art 14.29 (Consolidation); and Art 14.32 (Third Party Funding)….
…now come to be termed the “Commonwealth effect” or “advantage”- this is an inherent 19 per cent trading costs savings realized from bilateral trade between Commonwealth member states. These commercial…
…2 VR). This is to increase and enhance efficiency and cost sensitivity in arbitration. For the first time, Respondents now have the possibility to request security for costs under certain…
…the costs of a false negative (i.e., an erroneous finding against corruption). In this regard, a higher standard of proof may be required if the costs of a false positive…
…the extant framework1)as contained within the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. often tends to…
…the scope of the amparo action, there are certain aspects and circumstances that, for logical reasons and according to the principles of legal security and certainty, narrow the scope of…
…deducted for unreasonable procedural conduct and parties required to pay an additional advance on costs once their procedural points capital is exhausted. Matthias SCHERER, Lea MURPHY, Inventory of Arbitration Proceedings…
…takes not only the form of costs incurred by re-hearing before a new tribunal (as acknowledged even in Raytheon at [23(d)]), but also the reputational damage the removed arbitrator may…
…Rules are evidence of the divergent approaches between legal systems. Finally, Elizabeth McKee Devaney offered her input about in-house counsel’s expectations for data privacy and security, and how important it…
…possibility of implementing steps to address issues of cybersecurity and to protect the security of information in the arbitration at the pre-hearing conference that needs to take place shortly after…
…form, and whether the existence of TPF should justify an order for security of costs. Answers to these questions are often situation-specific and formulating abstract rules to address these issues…
…would be willing to pay a higher fee/incur an additional cost with an arbitration institution that provided advice and assistance on appropriate security measures and/or provided a secure platform (or…
…of scale to keep arbitration costs down. Thirdly, given that time is of essence in these disputes, the arbitral award must be fully enforceable, in particular through the New York…
…avoid mediation because they fear that preferring settlement to adjudication may make them appear weak, because they are naïve or overconfident regarding the risks and costs of obtaining an arbitral…
…only a suitable device for large multinational companies. In fact, while some up-front costs and planning is necessary to implement ITP, small and medium-sized companies likewise stand to benefit significantly….
…the use of ADR at pre-arbitration stage; arbitral costs; challenge of arbitrators, tribunal secretary and expert witnesses; consolidation and joinder of an additional party; and interim measures. ADR and Prevention…
