…meetings. These include issues associated with the duration and cost of investor-State arbitration proceedings, and related issues such as security for costs; issues of predictability and consistency between arbitral decisions;…
…case of adverse costs orders (for an analysis of this matter, see here).2)2013 IBA Rules, Guideline 26(b) and (c). *** All in all, this year’s Vis Moot participants will have…
…costs, although the tribunal may in its discretion direct any party to bear all or a substantial portion of the costs. The treaty further lays down the criteria for the…
…reduce costs by half and emissions by a quarter. Travel objectives could be met by using video more frequently to interview and prepare witnesses and taking the self-evident step of…
…investors abusing the system can never be ruled out, the possibility for host States to abuse their public power to the detriment of foreign investors or impose disproportionate costs on…
…claims under the Energy Charter Treaty after revising incentives under its (renewable) energy schemes. Whilst Spain might be well placed to absorb the costs of such ISDS cases, the risk…
…that security personnel authorised to receive the mail had never received any of the arbitration communications. Although the Supreme Court confirmed in its decision of 21 August 2019 that the…
…security 64%, Denial of justice 50%, Most favored nation treatment 28%, Discriminatory measures 21%, Minimum standard of treatment 14%, Breach of contracts 7%, National treatment 7%, and Umbrella clauses 7%….
…dispute. The proposed amendments also address the importance of third-party funding arrangements to decisions on security for costs. Originally, the revised rules on security for costs recognised the capacity for…
…trading, if enforcement is delayed. If that is likely to occur, the case for security is stronger. The English Commercial Court developed a sliding scale for security in Soleh Boneh:…
…provide additional detail on the reimbursable travel-related expenses, which now include the “standard costs of climate compensating for the [arbitrators’] flights”, i.e. the arbitrators’ costs of carbon offsetting their flights…
…Security All of Lebanon’s investment treaties guarantee investments full protection and security. As the Tribunal in CME v. Czechia explained, a state’s obligation to afford full protection and security arises…
…of Poland (SCC Case No V 2014/163) (Case Report available here) awarded the investor approximately EUR 150 million in damages plus interest and costs after determining that Poland violated the…
…use of the Expedited Procedures for smaller claims and the associated abbreviated time frames and reduced costs. The arbitrator costs are limited to one flat fee (amount is case and…
…computers (called nodes) simultaneously. Blockchain is premised on the core principle of no central authority and no central database, it is free of transaction costs (although participation in it obviously…
…nor by actions of its administrative bodies is the agreed and approved security and protection of the foreign investor’s investment withdrawn or devalued.” By granting exploration rights to TPAO over…
…as a costs-saving measure to a costs-wasting measure. Engaging in discussions early about this issue could protect against those later arguments, or at least make the process more defensible. Any…
…made on 11 September 2017 and the challenge was due to be heard by the Paris Court of Appeal in February 2020. KJ also sought security under s.103(5) for its…
…it ordered Romania to provide security in the sum of £150m. Both limbs of this decision were appealed before the Supreme Court, respectively, by the Micula brothers (against the stay)…
…time-related costs. According to Mr. Brynmore, this principle is also followed under Swiss law and is reflected in Article 44 of the Code of Obligations of the Swiss Civil Code….
…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…
