…of adverse inferences, and the allocation of costs. Interestingly, however, exclusion or disqualification of counsel is not explicitly mentioned as a remedy for other misconduct than breach of Guideline 5,…
…a provisional award or other interlocutory decision on how to organize the examination of the dispute, including passing a procedural order for security attachment, deposit of goods to third parties,…
…awarded were based on a distorted valuation); then the basis for allocating costs would be artificial. Alternatively, should tribunals focus exclusively on parties’ conduct to allocate the costs of the…
…names. The AIQ does not ask for parties’ names or the names of law firms or lawyers. For security and quality assurance purposes, responders will be required to register in…
…control, but if greater autonomy and a more relaxed approach is better suited to the dispute, arbitration will be preferable. Security Not everyone will have the luxury of security from…
…to help lawyers parse through submissions, identify better legal authorities, review documents and agreements (e.g. predictive coding), estimate costs, and predict outcomes. A number of start-ups are focusing on disrupting…
…new technologies will improve efficiency, cut costs, promote the expansion of arbitration into new segments of the market, and improve outcomes for clients. On the other hand, the proliferation of…
…estimated at US$4.5 million. In addition to this, there is no guarantee of recovering costs even if the respondent state is successful. There is also a perception of conflict of…
In 2010, the Commercial Court of Paris created a specialised international and European court chamber in order to judge all international complex commercial cases in the first instance. Although French…
The progress in the development, acceptance and understanding of third-party financing of dispute resolution costs by lawyers and clients, will undoubtedly continue in 2018. The model of third-party based financing…
…that is increasingly applied to penalise frivolous claims (e.g. Philip Morris v. Australia, PCA Case No. 2012-12, Final Awards Regarding Costs, 8 March 2017) To be fair, ISDS is a…
…Security Services S.A., Chamber F of the Court of Appeals denied the request for annulment of the award as the plaintiff had essentially presented a full-fledged appeal, not an annulment…
…security policy, given the recent sabre-rattling from North Korea, voters also seem to be giving the government the benefit of the doubt on his “Abenomics” economic policy. Introduced after the…
…their decisions on costs (Articles 16 para 6, 28 para 1 and 38 para 2 Vienna Rules). – Under certain circumstances, respondents may request security for costs (Articles 33 paras…
…the parties to pay the advance on costs corresponding to its claims. If a party fails to pay its share of the global advance on costs, FAI will give the…
…amount in controversy is often quite small. Therefore, UNCITRAL regarded the development of tailored procedures which do not create costs, delays and burdens disproportionate to the economic value at stake…
…wish for in terms of dispute resolution as they may just get it… and more. Also noteworthy are the very significant costs of the decision: the State was ordered to…
…having made submissions in relation to arbitration costs. QBE then served costs submissions on Mr Oldham, requesting payments of its costs and serving a costs schedule. The arbitrator gave Mr…
…continuous hurdles in attempting to collect on the award costs. Targeting Russian and French commercial interests in connection with the European space cooperation is proving a difficult task, and Yukos…
…Along with other challenges, Shunda also contested the existence of the contract. In particular, Shunda provided payroll and social security records to prove Zhang was not an employee of Shunda…
…the Member States and the European Commission in order to inform each other about foreign direct investments that may threaten the “security” or “public order”. This cooperation mechanism enables other…
…and its outcomes (inconsistency in arbitral decisions, limited mechanisms to ensure the correctness of arbitral decisions, lack of predictability, lack of transparency, increasing duration and costs of the procedure), and…
…New Players: third party funders arrive in Singapore and Hong Kong Third party funding involves a third party funder paying for the costs of a legal proceeding, in return for…
…standards of ethical conduct are independent of culture and context. The ability of a tribunal to use adverse costs orders as a sanction for unreasonable conduct by counsel can be…
