…oversight, leading to delays and spiraling costs. Singapore courts for would also be a natural compromise for counterparties based in South East Asia, where SIAC is to be used. In…
…already provided security with the amount equal to that under the interim measures. Reasonableness of interim measures In general, an applicant in an EA proceeding would request for the following…
…terminating a smart contract on a public blockchain a far more complicated process than modifying any software code. This could result in (1) yielding higher transaction costs; and (2) increasing…
…shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in said circumstances, the measure…
…Blockchain technology provides, according to Joseph Bambara, et al., more “security, traceability, and transparency of records…as well as lower operational costs.” In this regard, public blockchains are protected from security…
…to what their overall needs are. Many organizations try to involve the investors by setting up users’ councils and task forces. From a user’s perspective, costs, the lack of efficiency,…
…costs. If the tribunal, for example, mismanages document production or cross-examination, this may certainly increase the cost and time of arbitration, but this is not reason enough to abolish these…
…Duty to pay Supreme Court’s administrative fees despite withdrawal of annulment request. 4A_396/2017 of 23 November 2017: No security for costs required from a State that is party to the…
…(FET)), physical protection and security and national treatment, for the assessment of which environmental considerations and rights of local communities are also to be taken into account. Disputes are to…
…do. Specifically regarding quantum, a recent LCIA study on costs and time of arbitrations between 2013-2016 found that three-member tribunals tend to handle cases in which there are larger amounts…
…provisions and the multiplication of interlocutory proceedings. Both sides to a proceeding also incur higher costs as monetary awards, legal fees and related costs can often be relatively high. While…
…Ryan explored how investment treaties and practice can mitigate and minimize the risk that multiple claims will lead to spiraling costs, double (or even multiple) recovery and conflicting decisions. Thankfully…
…(1998); Voluntary Principles on Security and Human Rights (2000); OECD Guidelines on Multinational Enterprises (2011). [2] https://www.cancilleria.gob.ec/ecuador-propone-nuevos-acuerdos-de-inversion-que-protegen-al-pais-y-defienden-los-derechos-humanos/ [3] In the case of the SADC Model BIT and the Ecuador Model…
…conditions”, and ensure “fair and equitable treatment” (FET) of investors. Investments “shall also enjoy the most constant protection and security” while “unreasonable or discriminatory measures” are strictly forbidden. In the…
…security for costs. It is so because, if the claimant or its funder is asked to put up security for costs, the odds of a funder still supporting a worthless…
…render its success doubtful (who would incur the significant additional costs? would institutions really have the qualified manpower to take on such a task? in niche industries with a scarcity…
…detention of the Syrian investor by state security forces because the words “in respect of” meant its competence was limited to so-called “commercial disputes” arising under the investment contract.4) Biloune…
…significant time, effort and costs in not just the arbitration, but also court proceedings to obtain curial blessing of the tribunal’s jurisdictional ruling. Instead of getting its bargain of having…
…save time and costs up until the award. As we continue our efficiency series, we will zone in on a selection of efficiency tools and discuss our experience using them….
…President Rafael Correa created the Commission for Sovereignty, Integration, International Relations and Security of the National Assembly (“CAITISA”) in charge of reviewing the provisions of all the BITs executed by…
…the set aside award shall not be entitled to a fee. In the continued proceedings following the setting aside, the parties shall not be obliged to pay administrative costs.” If…
…bearing all the costs and risks. Finally, one of the advantages of arbitration is that the parties are free to design the proceedings to fit their issues and needs. To…
…dispute is multidimensional, international, foresees the necessity of art experts and lower costs. From 2015 to 2017, ADR Arte faced 32 art-mediations. Out of these, 25% relate to leasing contracts…
…that the adoption of an “inquisitorial model of procedure” would contribute to the efficiency in international arbitration, “reducing time and costs of arbitrations”. Regardless of any assessment on the efficiency…
