…envisaged by the 246th Law Commission. The complete absence of Section 11(6A) could have significant consequences, including unnecessary expenditure of time and costs, and forcing a party to go through…
…not a mandatory requirement”. Following Ravindra Kumar Verma, the Delhi High Court in Baga Brothers, Siemens Limited, and Sarvesh Security Services has reaffirmed that pre-arbitration procedures are not mandatory. …
…plenary proceeding has resulted in delay, additional costs and affected settlement opportunities and enforcement outcomes. A survey of enforcement actions in the D.D.C. in the past six months reveals such…
…scholarship dealing with the psychological costs of litigation to question whether the currently predominant model of commercial mediation – a single session of 3 or 6 hours – supports good…
…no legislation forbidding the funding of costs of a commercial arbitration by a third party to the dispute. b. The Casablanca International Mediation and Arbitration Center (CIMAC) The CIMAC was…
…for equity-based compensation in certain cases. Dr. Emily Sipiorski (Hamburg) then set out to identify the limits of the full protection and security investment treaty standard during armed conflicts. She…
…guidance because where arbitrators fail to abide by the requisite standards, often unintentionally, it imposes significant costs on the parties. Proceedings on challenging arbitrator appointments or on the annulment of…
…to efficiency that the 2019 QMUL International Arbitration Survey seeks your responses. Others include, improvements to arbitral procedure, the role of pre-arbitral dispute resolution, diversity, costs, and dispute resolution agreements….
…(KfW), a Brazilian state-owned energy company (CGTEE) provided the debt security. After a breach of contract by the borrowers, CGTEE initiated court proceedings against KfW seeking the invalidation of the…
…developed to address those costs and time/efficiency issues have been by way of exception. Thus, most arbitral institutions have set monetary thresholds for the application of their expedited rules, which…
…of the seat before the enforcing court. NOTES Sam Luttrell: Observations on the Proposed New ICSID Regime for Security for Costs International Centre for Settlement of Investment Disputes (ICSID)…
…Paradox In the Spycatcher case, the book “Spycatcher”, authored by a former member of the British Security Service (BSS), contained an account of alleged unlawful activities carried out by other…
…courts and an arbitral tribunal over arbitral jurisdiction, created a risk of duplicative proceedings resulting in increases in costs and uncertainty for disputing parties. The elimination of that regime represents…
…time-commitment of the administrative secretary, and ensure that the costs related to such appointment are borne neither by the ICC nor by the parties. 1.2 Party-appointed arbitrators The available information…
…choice of law would save time and costs otherwise incurred in debating this issue. Sabrina then shared her experience with contracts in the tech industry and mentioned that her counterparties…
…to estimate costs at the outset of a case. Security for costs and third-party funding Celeste E. Salinas Quero, legal counsel at ICSID, Washington, D.C., shared results from a…
…otherwise agreed by the parties, the tribunal has the power to order a claimant to provide security for the costs of the arbitration. This power shall not be exercised on…
…the magnitude of the disaster? In 1991, in the aftermath of the first Gulf War, the UN Security Council created the United Nations Compensation Committee (“UNCC”), a subsidiary organ whose…
…It is worth noting that, practically speaking, costs and expenses in arbitration proceedings are at least comparable to the costs and expenses in the context of an English Court litigation….
…a document of title, viz. for ownership purposes. One important aspect which is attached to the BoL, is that it serves as a security for trade finance providers. In the…
…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…
