…of internalization of costs) have shaped distinctive (and at times, innovative) treaty choices. ASEAN’s bold positioning of collective investment rules however have suffered from internal contradictions, not least the puzzling…
…make orders for costs and security for costs orders against a TPF funder. It recommends that there is no need to give a tribunal the power to order security for…
…the DIFC Courts signaled their disposition to suspend the DIFC enforcement proceedings subject to the timely provision of security for costs by Daman, the award debtor. For the avoidance of…
…arbitral secretaries, including their appointment and removal, their duties, and remuneration for their costs and expenses. Consistent with the goal of increasing transparency, the Guideline stipulates particular expectations as to…
…submit their disputes to arbitration; in others, however, it has precluded them, generating important and unnecessary settlement costs, which could influence the decision of foreign corporations on investing in Ecuador….
…Interestingly, SIAC has taken an extra step to confirm that the tribunal may issue an order or award for sanctions or costs if a party breaches their confidentiality obligations in…
…cases to provide users with information on the average costs and duration of arbitrations and the SCC publishing a report detailing the size of disputes, their length and costs, and…
…dispute are, for example, an award of security for claim, or the preservation of evidence or assets. There have also been cases where emergency arbitrator relief has been sought to…
…arbitrators’ signatures on awards, and similar. Finally, the ICAC Schedule of Arbitration Costs was updated and the ICAC Regulations for the Payment of Arbitrator’s Fees and Arbitration Administration Fees were…
…other issues, multiple proceedings increase litigation costs, may lead to delays, create the risk of contradictory decisions, double recovery, among others. It is clear that one of the critical challenges…
…sanctioned the Claimant on costs on the grounds that its expert had disobeyed the Tribunal’s instructions as set out in the Decision on Liability. It is highly unusual for a…
…bond spreads by credit rating (AA, A, and BBB). In addition to the time variation in borrowing costs, there are significant differences in borrowing rates as a function of issuer…
…international shipping. Those fearing costs: bear in mind that portable devices and software can be reused, but printing costs are always sunk. Staff costs stay the same. And those who…
…the tribunal deems necessary. The tribunal may also take into account any third-party funding arrangements when apportioning the costs of the arbitration. Although other institutional rules have not addressed this,…
…Italy today. There are at least two reasons for this. First, users do not seem to feel the need to resort to litigation funding. Costs of domestic litigation before national…
…settled are considered to be won as well), Poland bears the costs of arbitral proceedings”. All these arguments may justify revision, renegotiation, and termination of BITs (at 6 of the…
…international commercial arbitration? Should we give up and seek to counsel parties to avoid arbitration at all costs in the UAE? Should we pack up, caravan out and search for…
…and overcharges. The 1st ICSID tribunal acknowledged that IPTL had imprudently incurred costs and the tariff was recalculated. Debt Restructuring and SCB HK’s Involvement In 2004, following a renewed invoice…
…the SIAC 2016 Rules must specifically restrict costs allocation to “parties bear their costs” or alternately, “costs follow the event,” to foreclose Rule 27(g) cost shifting. Otherwise, any ambiguity may…
…final costs determination remains pending.) Matthew Hodgson notes that average defence costs in investment disputes are around US$4.5m. As an extreme example, Russia’s defence bill in the decade-long Yukos dispute…
…did not alter the security of the nuclear power stations in Germany and despite the fact that such an earthquake followed by a tsunami can be practically excluded for Germany,…
…the BIT. • The BIT also contains investor obligations and a number of exceptions relating to taxation, labour, health, security, human, animal and plant life, and “national archaeological treasures”. The…
…the mandate is restricted to “common bank investment instruments”? And furthermore, what are “common bank investment instruments”? Are they comprised of security lending? Over-the-counter instruments? Financial futures? One may also…
…Although often unfounded, the belief in such practical inarbitrability of security agreements continues. It is correct that, for those security rights whose enforcement requires the intervention of a court (if…
