“Costs Follow Conduct” – A Musical Altercation
…to play”). The “winner takes it all” approach, commonly referred to as “costs follow the event” rule stipulates that the losing party compensates the winner for its costs. It is…
Search Results for: security for costs
Closing the umbrella: a dark future for umbrella clauses?
…practice. While tribunals do struggle in finding the correct interpretation of other treaty standards like fair and equitable treatment, full protection and security, and expropriation, these standards establish clear obligations…
Cybersecurity In International Arbitration – A Necessity And An Opportunity For Arbitral Institutions
…independent from any firm or organisation. In the former case, arbitrators are typically subject to data security processes and policies over which they may not have any control and which…
Let’s talk about arbitration
…res judicata, emergency arbitration and important languages in arbitration; “The Costs” – costs in international arbitration and proper etiquette at an arbitration conference; and “The Redfern Schedule” – Place of…
Investor-State Resolution: A Snapshot of Cambodia
…further imposes each of the parties to bear its own costs with respect to the legal fees of its counsel and the appointed arbitrator, and all other costs to be…
Asia-Pacific, Australia, Construction arbitration, Islamic Finance Disputes, Malaysia, Seat of the arbitration, Shari‘a, South Korea
Switching Arbitral Seats: Musical Chairs in the Asia-Pacific
…its witnesses and documents are located. The efficiencies, both in terms of costs and timing, of choosing a seat where these are located, are significant. A recent example is the…
Colombian Supreme Court Draws on the Different Standards of Review when Challenging the Independence and Impartiality of an Arbitrator in Domestic and International Arbitration
…pay for the arbitrators’ fees and for Tampico’s legal defense costs. After a failed attempt by Alquería to set aside the award in Chile, Tampico filed an exequatur with the…
Public Consultation Paper on Proposed Amendments to the 2013 HKIAC Administered Arbitration Rules
…amendments to the Arbitration Ordinance (Cap. 609). The Committee seeks views on whether an express provision should be added to allow the arbitral tribunal to award costs of third party…
Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (II)
…on “Artificial intelligence and expert systems in ODR, predictive justice, data collection and analysis, privacy, cyber security” was chaired by Catherine Rogers and presented an innovation on data collection with…
Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (I)
…we will see in the years to come”. Technology now offers several means and allows among others to save time and costs in arbitration, “as there is a real prospect…
Public Comment Period Now Open on Draft Report of the ICCA-Queen Mary Task Force on Third-Party Funding
…a third-party funder. Chapter Six takes up the issue of costs and security for costs. It analyzes existing standards for granting costs and security for costs, concluding that the existence…
Third-Party Funding’s Older Sibling: Legal Costs Insurance and The Issue Of Regulation
…phenomenon that raises a number of novel issues such as conflicts of interest, disclosure, security for costs, control over the claim or confidentiality, among others. In order to determine whether…
How States Manage Their Obligations Under Bilateral Investment Treaties: Opportunistically Changing The Rules of The Game or Legitimately Exercising Their Sovereign Rights? (Part I)
…treatment, expropriation, essential security interests and Settlement of Disputes between an Investor-and a Contracting Party”. Such interpretative notes, according to India’s Government, “would impart clarity to the interpretation of the…
Arbitration, Counterclaims, Environment, Investment agreements, Investment Arbitration, Investor-State arbitration
Protection of the Environment in Investment Arbitration – A Double-Edged Sword
…the investment protection obligations in the treaty, such as fair and equitable treatment, or full protection and security. In 2015, a majority of a NAFTA tribunal in Bilcon v Canada…
The Contents of Journal of International Arbitration, Volume 34, Issue 4, 2017
…the costs. Courts faced with such cases can either uphold the validity of the agreement or set aside the agreement and retain jurisdiction over the dispute. This article examines several…
The Rise of a New Law to promote ADR Mechanisms in Mexico: Challenges and Opportunities
…capable of enforcement.[10] However, a more recent decision refused ADR to avoid a delay and additional costs, being the exception rather than the rule.[11] Furthermore, in Health Service Executive v…
Let the Show Begin: Poland Has Commenced the Process of BITs’ Termination
…use protection granted in intra-EU BITs, including investment arbitration as a dispute settlement mechanism, mainly due to the high costs of arbitration. The Ministry of Development presented similar data according…
Portugal: A New Hub for International Arbitration Disputes
…environment with some of the lowest operational costs in Western Europe and is called by many as the next Silicon Valley due to the many startups that recently chose to…
Is America First the End of FET?
…and full protection and security. The FET standard is based upon the customary international law rule that host states are required to provide foreign investors and their investments with a…
Will Adverse Inferences Help Make Document Production in International Arbitration More Efficient?
The process of document production in international arbitration is important. Documentary evidence is often the primary category of evidence; and legal costs associated with it tend to constitute a significant…
Federal Court Upholds P&I Club’s Coverage Determination as Valid, Binding ADR Decision
…LLC (“TransAtlantic”), sought reimbursement from American Steamship for costs expended in litigation involving lost and damaged cargo. SCB allowed the claim in part, but denied it as to attorneys’ fees…
Argentina, Awards, BIT, foreign direct investment, ICSID, ICSID Arbitration, Insurance, International arbitration, Investor, Investor-State arbitration, Jurisdiction, Political Risk Insurance
Risky business: political risk insurance in the OBOR jurisdictions – Report on the 4th CMS-HKIAC Investment Law Lecture
…of bribery and corruption; volatility or even the total collapse of a local economy; the cancellation of concessions and contracts; political crises; and government changes. Despite the ever-present security concerns…
Squaring the Circle: Reconciling Conflicting Awards in the Eiser and Isolux Spanish Renewable Cases (Part II)
…existing facilities (paragraph 400) and expressing “serious reservations about basing the new regulatory regime on the hypothetical costs of a hypothetical “efficient” plant… cast[ing] into question the fairness and equity…
Squaring the Circle: Reconciling the Conflicting Awards in the Eiser and Isolux Spanish Renewable Cases (Part I)
…on the assets and costs of a hypothetical efficient plant. The result: a deluge of arbitration claims filed by foreign investors against Spain. Analogous, although not identical, measures have been…