…2015 Asia-Pacific Maritime Security Strategy, “the United States operates consistent with” UNCLOS, and UNCLOS “reflects customary international law with respect to traditional uses of the ocean.” A June 2015 Department…
…settle their disputes. Failing to grasp this concept is especially costly in Hong Kong where a party who unsuccessfully challenges an arbitration agreement before the court will pay costs on…
…perception is that this method may increase efficiency by reducing time and costs, but the reality is that it really depends on the type of dispute, the parties, the arbitrators,…
…won. This agreement is not linked to the arbitration proceedings as such.’ (See Draft Report of the Subcommittee on security for costs and costs of the ICCA-QMUL Task Force on…
For more than a decade, Argentina has been living in a permanent crisis, which affected all sectors of the economy and turned out in an avalanche of investment cases, many…
…question now is how to treat it. In a London-seated ICC arbitration, the Tribunal ordered the Respondent to pay the Claimant’s costs on an indemnity basis. This costs award included…
…1 % of the amount in dispute. A simple analysis of costs, risks, and benefits easily explains why mediation was chosen for amounts in dispute ranging from below US$ 20,000…
…a fundamental interest of the international community. Among some matters that could have this status are peace and security, economic, social, and cultural development, and respect for nature (Hoffmeister &…
…of limiting document production to the documents critical to each party’s case, and avoiding the costs and delays associated with discovery in common law jurisdictions. Despite these noble intentions, it…
…were not addressed in the 1996 Notes are now covered in the 2016 version. These include joinder and consolidation, costs allocations, and the recoverability of in-house costs. The 2016 Notes…
…of the general public, to enforce environmental safeguards, secure public health and security, apply taxes, and actions which are non-discriminatory should not result in an automatic consideration of compensation even…
…equitable treatment” (FET) and “full protection and security” (FPS) to investors from other TPP members. In the past, arbitral tribunals in investment treaty cases have interpreted FET to encompass various…
…also asked our respondents for their opinion regarding the sometimes controversial issue of costs in arbitration. They unanimously indicated that costs in arbitration are high and that this is a…
…showed that the plaintiffs’ legal team: (i) hired an environmental engineer to inflate the remediation costs to a US$ 6 billion sum based on a “SWAG” (an acronym for a…
…arose. Although the tribunal did not deal with the merits of the case, Australia succeeded and will most likely recover its legal costs. In other words, the Australian plain packaging…
…(b) interfered inappropriately in the parties’ settlement negotiations; and (c) made an order requiring both parties to give security for 100% of his anticipated fees, despite no application having been…
…as a relevant factor when considering any application for security for costs” (guideline 3.4). The draft Guidelines are available at https://hkarbitration.files.wordpress.com/2016/05/cietac-draft-guidelines-17-may-16.pdf. The public consultation period concluded on 19 July 2016….
…when this contribution prevents ordering security for costs? Moreover, the heated third-party funding debate pending in investment arbitration community just adds more controversy to the issue of security for costs….
…travel advisories, and a couple of U.N. Security Council resolutions, which are often issued some distance away from the activities in point, by individuals with little hands-on involvement. One should…
…in any event, any additional costs or administrative burdens of maintaining an international team of experts in London are likely to be absorbed in the same way that they are…
While the great third-party funding debate appears to centre on the issues of disclosure, arbitrator bias, security for costs, and regulation, the potential conflicts between third-party funding and confidentiality in…
…ideal of being able to resolve disputes entirely at the international level and avoiding the complexities, biases, and costs associated with having to deal with (often multiple) foreign court systems….
…development would translate into an outsourcing of economic security and into a reduction in costs for ‘keeping the others out’, making the Balkan states less receptive to mixed incentives (economic…
…a commendable novelty with the significant potential to filter unmeritorious claims thereby reducing costs, the problem with the three-step objection process is that it is effectively a “no risk” proposition…
