…14.6(2) limits the content of the “fair and equitable treatment” and “full protection and security” obligations to the customary international law minimum standard of treatment of aliens. Other such provisions…
…shall not necessarily provide grounds for challenge (12.3). A specific definition and chapter on costs is included, inspired by the UNCITRAL Arbitration Rules, which shall be applicable in the absence…
…so high. Substantial costs for considerable period of time is one such reason. It would have been helpful if the Report could have included a cost-benefit analysis and financial feasibility…
…circumstances may also lead to a stay application, e.g., pending payment of security for costs or clarification of the opposing party’s representation. As the reviewed cases demonstrate, arbitral tribunals have…
…enhance data security? There has been a dramatic increase in cyber-attacks on corporations, governments and international organisations. Law firms and arbitration proceedings are not immune from these threats. Disputes referred…
…Resulting from Mediation in comparison with the 60-year-old New York Convention? The second relates to efficiency: will competition truly reduce costs? Will collaboration improve the effectiveness or speed of dispute…
…law or fact arises in all the arbitrations. This new mechanism is intended to enhance efficiency and reduce costs in multiple proceedings, where consolidation is not possible or desirable. Third…
…so)? Is it an asset subject to lien or attachment (courts are starting to think so)? Is it an investment contract (security) susceptible to make initial coin offerings (ICOs) subject…
…notion that transparency can result in delays and higher costs. Allowing the stream of information and involvement of non-parties would require more time and, consequently, higher costs. The Transparency Registry…
…information) and the independence of responders (responders must register for security purposes, their submissions are anonymous). The AIQ collects key data that will facilitate assessment and analysis of arbitrator decision-making…
…include any compensation for attorney’s fees or other costs of arbitration and apply irrespective of whether the amount is determined by a decision of [sic] settlement. In the event of…
…purchase price, including interest, and the costs of the arbitration. The Buyer asserted three grounds to oppose the enforcement of the award, namely, that (i) it did not receive “notice…
…the world.” and “full protection and security”15) Article 14.6(2)(b) defines “full protection and security” as “requi[ring] each Party to provide the level of police protection required under customary international law.”…
…The court refused to enforce a due date clause which was in English and contained in a bank security letter in Turkish given to a government office. 1986: The court…
…has been driven by the “well-known advantages of litigation funding, such as access to justice and better control of companies’ allocation of costs.” They report that the bulk of inquiries…
…arbitration filings can be critical, since it can be, for example, sensitive commercial information such as profit margins, production costs, pricing policies, know-how or trade secrets, the disclosure of which…
…and legal costs. On 21 May 2018, Kyiv city Court of Appeal recognised the LCIA award on costs allowing voluntary compliance therewith. Conclusions To streamline Ukrainian court practice in arbitration-related…
…several calls for reform. Generally, delays and costs remain major disincentives to choosing and especially later pursuing ICA. This may be particularly true for a country like Australia following the…
…to costs incurred in institutionally administered arbitrations. and the establishment of emergency arbitrator procedures. The International Arbitration Centre of the AIFC is no exception to this trend. Despite being a…
…Prod. Corp. v. Santa Lucia (ICSID Case No. ARB/12/10, Decision on Saint Lucia’s Request for Security for Costs, 13 August 2014 (“RSM Decision”)), an investment treaty tribunal ordered security for…
…could mitigate the risks associated with financially weak parties who opted for the external funding of arbitration claims is security for costs. However, the use of security for costs in…
…reports; and quantum documents, including invoices, receipts, proof of payments and costs documentation. Document Management Before the Arbitration Begins The “Paper Trail” Documents should be consistently managed throughout the life…
…to incur unnecessary time and costs in potentially useless arbitration proceedings. But parties could take comfort in the fact that they could apply to set aside an interim award on…
…in tactics which result in immense delays and costs’. In Loh J’s view, it is an ‘abuse of process’ for ‘a [non-participating] party to wait till the opposing party goes…
