…ISDS claims have real financial implications for countries in Africa in terms of monetary awards, legal costs, and accrued interests. The approximately US $2 billion award of August 31, 2018,…
…formed the EU, on the premise that if nations could work together for security and mutual advantage, confidence in one another would grow. Further, nations with intertwined economies would think…
…Appeal himself is a member of the President’s security forces”, and that a tribunal is neither independent nor impartial “where the functions and competences of the judiciary and the executive…
…the previously mentioned article 1 of the Brazilian Arbitration Act. Costs and publicity Article 4, § 1(5) of the São Paulo Decree establishes that the requesting party must advance…
…capacity in the national courts of the state where the underlying conduct took place, jurisdictional or substantive law restrictions in the courts a parent company’s national state, costs of litigation,…
…implementing appropriate measures for ensuring security of the personal data processed (Art. 32 of GDPR), etc. Whether arbitrators being part of the same tribunal are joint controllers under the meaning…
Class action suits were introduced in India by the 2013 Companies Act, with the hope that costs of litigation might reduce in comparison to individual cases. However, not a single…
…or lack thereof, by developing countries within the context of international treaty disputes. In essence, this reasoning is mainly motivated by the growing concerns around the costs and duration of…
…with respect to national security. Recital 16 of the GDPR sheds some light on this. It states that “[t]his Regulation does not apply to issues of protection of fundamental rights…
…Li 18000 which was owned by ZL. ZL claimed against the 2 defendants for damages of 1 million CNY and legal costs of 0.66 million CNY among other things. The…
…as such subject to the limitations contained at Article 13(7). For the same reason, Article 32(3) of the ADGM Arbitration Regulations on the tribunal’s power to award security for costs…
…most of them, the arbitration costs the institutions charge would be regarded as part of the state revenue, while their operating costs are sponsored by the government financial budget separately….
…form of security, better terms and so on. This has the effect of either chilling investment in the country or increasing transaction costs. Foreign Law as Governing Law Under…
…and costs) for the users. If you just take a look at TRAC’s table of fees, for example, it is clear that the costs for users are remarkably lower than…
…use of digital case management systems. First of all, the development of such systems is not cheap, in particular because they must meet the highest standards of cyber security. Moreover,…
…the geopolitical storm have been given. The Japanese government and media tend to emphasise security concerns, namely on-shipments of such chemicals with potential military applications to North Korea, violating multilateral…
…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…
…#1) concerning time and costs, ICSID has identified document production taking place in 41 out of 63 (65%) cases over a given timeframe. It is the authors’ experience that a…
…security has important practical consequences. Deprivation of the Investor and the Sole Effects Doctrine One approach to determining whether expropriation was in breach of international law focuses on the…
…executed with Turkish parties. Nonetheless, sometimes the contracts contain hundreds of pages, and the parties may not wish to translate it due to costs or other related concerns. Alternatively, the…
…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…
