The Enforcement Chimera
…where the creditor holds security for the debt in a jurisdiction where execution is practically, as well as theoretically, possible. Apart from those situations, I venture to suggest that the…
Search Results for: security for costs
The State in Transition – Did the Questionable Privatisation Come to Haunt Bosnia?
…Bosnian authorities, namely the Republic of Srpska’s Insurance Agency, Security Commission, State Inspectorate and Ministry of Interior. The reason being the number of alleged unlawful misconducts in the management of…
Arbitration involving State-owned Entities in Rio de Janeiro: We Cannot See the Wood for the Trees
This post summarises the key features of the Rio de Janeiro State Decree No. 46.245/2018, which regulates arbitrations between state-owned entities and private corporations and came into force on February…
Austria, BIT, Canada, CETA, China-Australia Free Trade Agreement, China-Korea Free Trade Agreement, Corporate Social Responsibility, India, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Norway, TPP
Rebalancing the Asymmetric Nature of International Investment Agreements?
…react to these instruments, and what the potential business costs of doing this are. To make sure you do not miss out on regular updates on the Kluwer Arbitration Blog,…
Cruising Around Investment Cases Against the Caribbean Islands
…St Lucia tribunal ordered the claimant to post security for costs in the form of an irrevocable guarantee for USD 750,000 to cover St Lucia’s potential legal costs. The RSM…
The Present and Near Future of New Technologies in Arbitration: If not Us, Who? If not Now, When?
…confidentiality to technological confidentiality. In this regard, he suggested that as arbitration practitioners it is incumbent upon us to be aware of potential security hacks, of which law firms are…
Could Blockchain Help the Recognition of International Arbitration Awards?
…award and avoid additional costs, judicial proceedings, and the traditional method of doing things. Forget about having the “burden of proof” to show the existence of the award that is…
ICCA Sydney 2018, Investment, Investment Arbitration, Investor, Investor-State arbitration, State entity, States
ICCA Sydney: The Increasing Participation of Public Entities in International Arbitration
…registered as a public entity in the jurisdiction, restrictions on the language, place and applicable law of the arbitration and the liability for costs incurred in the arbitration. Key takeaway…
ICCA Sydney: The Moving Face of Technology
…cyber security. Edna Sussman, Alana Maurushat and Hagit Muriel Elul considered challenges in the digital age, particularly how people are the weakest link in tech defence, and introduced the Draft…
ICCA Sydney: Arbitration Challenged II: The Realities of Arbitration Economics: Who Gets to Play, and What are the Implications
…the parties third party funders refuse to fund. Other concerns raised by the panel were the allocation of costs (party-party or “loser pays”) and security of costs. Considering third party…
Arbitration, BIT, European Law, European Union, ICSID, ICSID Arbitration, ICSID Convention, Interviews with Our Editors, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS
Interviews with Our Editors: Interview with Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes
…Group’s cyber security risk management policies and procedures, including those at ICSID. This includes around-the clock security operations in Washington, D.C. and 186 country offices across the world. We have…
The Swedish Government Revives Efforts to Modernise the Arbitration Act
…arbitral tribunal may order security measures via special awards. On 1 March 2018, the Government sent the Proposal to the Swedish Council on Legislation, entitled “A Modernisation of the Arbitration…
Arbitration, Arbitration Institutions and Rules, Austria, Costs, Costs in arbitral proceedings, Security for Costs, VIAC
New Vienna Rules: Where do you stand on Security for Costs?
…of its drafters – security for costs orders against the respondent. Before deciding on the request for security for costs, the tribunal is required to grant all parties “the opportunity…
U.S. District Courts Rule Consent Awards Fall Within New York Convention
…award on costs that was not challenged). After the respondent failed to pay pursuant the terms of the award, the claimants sought to confirm the award in the Houston district…
A Preview of the Forthcoming ICCA-Queen Mary Report on Third-Party Funding
…and Conflicts of Interest (Chapter 4), Privilege (Chapter 5), and Costs and Security for Costs (Chapter 6). Debate existed on the Task Force about what form any work product should…
The Act is not the entire story: How to make sense of the U.S. Arbitration Act
…arbitration, and (2) the “pros” of arbitration—confidentiality, flexibility, speed, costs, etc.—might slowly diminish with a “judicialization” of arbitration. However, the growing scope of arbitrable cases may help in reducing the…
Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
…advantages as online mediation, such as lower costs and greater flexibility due to their asynchronous nature. The disadvantage of online arbitration not having face-to-face interactions is also less significant as…
Nordic Offshore and Maritime Arbitration Association (NOMA): Could the Nordic Maritime Model Attract a Wider Audience?
…so also remove a delaying tactic; and 4) No longer have an article on tribunal-appointed experts, highlighting that their appointment would be unusual, and reducing time and costs spent in…
Consolidation of Arbitral Proceedings and its Ramifications on a Party’s Right to Challenge the Jurisdiction of the Tribunal and the Arbitral Award
…Fidelity to efficiency in international arbitration demands that multi-contract disputes should be consolidated before a single arbitral tribunal. Consolidation reduces time and costs of resolving the dispute and prevents inconsistent…
Is International Arbitration in a Race to the Top?
…detailed statistics about costs, duration, and diversity and other variables about arbitrators. This transparency has made competition among institutions more possible and obvious, prompting in turn a rather fantastic and…
Challenging Arbitral Awards before the Singapore Courts for a Tribunal’s Failure to Give Reasons (Part 2 of 2)
…finality of the award. Time and costs. Generally, the cost and delay of going back to the tribunal on a remission for it to provide additional reasons is likely…
Announcement, Arab World, Arbitration, Enforcement, foreign direct investment, Iraq, New York Convention, World Bank
Finally, Iraq Says Yes to the New York Convention
…and the increased costs of pursuing a claim using the ICSID forum, it makes abundant sense that investors should be cautious about the ICSID route being an accessible one for…
Hungary: New Arbitration Rules of the HCCI
…of duplication of the very same evidentiary materials in proceedings, saving on costs, etc.). The Arbitration Rules now allow consolidation, which is a highly welcome improvement of party autonomy. Options…
Arbitration, Arbitration Institutions and Rules, Arbitration Pledge, Arbitrators, Belt Road Initiative, Diversity, Technology
10 Hot Topics for International Arbitration in 2018
…helped to significantly reduce costs. The HKIAC’s recently published statistics on costs and duration of arbitrations indicate that, on average, parties pay less than a third of the total costs…