Deliberations of the Arbitral Tribunal: Opening the “Black Box”
…on, it will not know whether the document production requested by the parties is indeed relevant to decide the dispute, which can unnecessarily extend the duration and costs of the…
Search Results for: security for costs
English Arbitration, Spanish Insolvency and David Guetta
…advance fees not returned by the French DJ, the costs related to the technical and logistical preparation of the show and the reimbursement of thousands of tickets to disappointed fans….
Perenco v Ecuador: An Example of a “Lengthy, Complex, Multi-faceted, Hard Fought and Very Expensive” Investment Arbitration?
After 11 years and more than US$ 89 million in costs,1)Perenco claimed US$ 57,923,322 in legal costs and other expenses, while Ecuador claimed US$ 31,620,369.27 for legal costs and other…
Environmental Injustice: How Treaties Undermine the Right to a Healthy Environment
…private security force, which fired pepper spray and live rounds into crowds of protesters. In response to the escalating conflict at the mine site, Ecuador eventually revoked Copper Mesa’s concession,…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland
Case Management in Arbitration: A View from Poland
…are widely known. This being said, international arbitration suffers nowadays from increasing costs and duration of the proceedings. It is less efficient than it promises. Many business people express dissatisfaction….
DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America
New Trends For Dual Nationals Claims. Is the Ballantines Award Relevant For Cases Where A Dual Nationals-Related Provision Is Not Incorporated In The Relevant Treaty?
…bear its own costs, with the common costs of arbitration split between them (¶ 637). This amounts to a loss for the Dominican Republic of approximately US$3.7 million, confirming the…
From Trinh Vinh Binh to EUVIPA: Vietnam’s Meritorious Step towards Transparency in ISDS
…costs of arbitration and related legal fees. The claim was brought by Mr. Trinh against the Vietnamese Government for the breach of a settlement of a previous claim under the…
Same Concept, Different Interpretation: The Full Protection and Security Standard in Practice
…Belgium-Luxembourg Economic Union BIT (1977) which expresses the concept as “continuous protection and security”. Accordingly, the FPSS may be referred to as “constant protection and security”, “continuous protection and security”,…
Hong Kong Arbitration Week Recap: The Future of Arbitration in Hong Kong
…are significant opportunities for Hong Kong as an arbitration forum going forward. There are speculations that the proposed security of payment legislation, which introduces statutory adjudication as a dispute resolution…
UNCITRAL and Investment Arbitration Reform: A Little More Action
…funding agreement. Appropriate and proportionate sanctions were advocated. Some states pushed for strong material penalties such as payment of legal costs and annulment of cases, while some observers and states…
Navigating Through Stormy Seas: The UK Supreme Court Hears the Micula Case
…for security. On 20 January 2017, the Commercial Court dismissed the set aside application but granted a stay of enforcement pending the outcome of the EU General Court proceedings for…
English Court Adjourns Enforcement of Nigerian Arbitral Award
…to provide a substantial sum of security to AIC of approximately US$24 million – equivalent to half of the award or just fewer than three years’ worth of accrued interest…
Brazil Allows Arbitration in Public Contracts in the Port, Road, Rail, Waterway And Airport Sectors
…reference. Costs The Contractors shall advance the costs of the arbitral institution and the arbitrators’ fees, and when applicable, these costs shall be reimbursed in accordance with the final…
The Venezuela Awards: Dealing with Expropriation Risk
…of the legal fees and arbitration costs. For example, in unlawful expropriations such as OI European and Saint Gobain, the tribunal determined that the respondent shall pay for part of…
AfCFTA, Africa, Arbitral seat, Arbitration Agreement, Arbitration Proceedings, Insolvency, International arbitration, Investment Arbitration, Investor-State arbitration
Vedanta Resources v Zambian State Mining Company ZCCM-IH: Does Anyone Win?
…million plus costs to the ZCCM for sums owed as part of a copper and cobalt price participation agreement dating back to 2004, when Vedanta took over the Zambian copper…
A New Path For Public Utility Expropriations Disputes In Brazil: Arbitration And Mediation
…do their part and use this new exceptional conflict resolution alternative in cases involving the public administration, registering specialized institutions, their conditions and their costs, and, on the other hand,…
Umpire Challenges under the New ARIAS-US Panel Rules for the Resolution of Insurance and Contract Disputes
…bargain in an insurance contract is security, but without efficient and effective dispute resolution processes, security is lost and the important functions of insurance fail. Many issues of law and…
Interviews with Our Editors: In Conversation with Hafez Virjee, President of Delos Dispute Resolution
…all stakeholders at every stage of the process were adequately aligned: contract formation stage; pre-arbitration phase; initial claim documents; constitution of the tribunal; conduct of the proceedings; costs of the…
Courts, Czech Republic, Enforcement, International arbitration, International Commercial Arbitration
Is There a Double Standard for the Enforcement of Foreign Arbitral Awards in the Czech Republic?
…fee beforehand as the costs of enforcement are paid directly by the debtor. Moreover, the bailiff actively searches for the debtor’s property and has available a wide array of methods…
Tuesday for Future – Arbitration and Climate Change: DIS40 Autumn Conference
…might classify these disputes as questions of security or economic freedom. The panellists seemed to agree that such a classification is not necessary and that in fact a wide range…
Arbitration Centres in Africa: Too Many Cooks?
…focusing notably on sustainable development, environmental protection, human rights and corporate governance. Second, costs. Local clients and counsel repeatedly stress on the costs of arbitration proceedings under the aegis of…
The Milan Chamber of Arbitration Introduces New Rules: Pioneering Or Codifying?
…an interim measure to provide appropriate security for costs as a condition to issue the measure”. Similar provisions can be found in Article 28(1) of the ICC Rules, Article 23(6)…
Dispute Settlement Under the African Continental Free Trade Agreement: What Do Investors Need to Know?
…of opportunities for all stakeholders to participate in discussions, and that the costs and benefits of all dispute settlement options are weighed very carefully. References[+] References ↑1 See e.g….
Raising the Stakes of the 28 U.S.C. § 1782(a) Debate: the U.S. Court of Appeals for the Sixth Circuit Holds § 1782(a) Applies to Private Arbitral Tribunals
…at *23-25.) Addressing other policy positions advanced by FedEx, including the costs and efficiency of international arbitration compared to U.S.-style discovery, the Sixth Circuit summed up that “none of the…