…Asia ensure a consistent pattern of excellence across the region? Will Asian jurisdictions be able to address the increasing concerns of time and costs in arbitration? How can one support…
…design dispute resolution strategies as a way to stay ahead of the game. As to predictions, IP, collaboration and data/security were cited as the most contentious areas. In relation to…
Over the past few decades, responding to the need to control the growing costs and time of arbitration proceedings, the International Court of Arbitration of the International Chamber of Commerce…
…brought by a paper producer in relation to an HKIAC award for USD 24 million against it, and which led to indemnity costs being ordered against the applicant. The clear…
…and fax numbers are offered to third parties entering in contact with the company; certain general expenses or overhead costs are incurred for the maintenance of the physical location of…
…a waste of precious time (that could have been used to resolve the conflict) and additional costs (arbitrators’ and institutional fees and costs of the parties for two sets of…
…in Singapore; and * those funds must be invested, pursuant to a third-party funding contract, to enable a funded party to meet the costs (including pre-action costs) of prescribed dispute…
…20 percentage points more likely to shift costs to the non-appointing party, suggesting a strong affiliation effect when arbitrators exercise discretion. Our results suggest that blinding could be an effective…
…that the respondent had to incur the costs and inconvenience of pleading its defense in full, before the Court determined the issue of jurisdiction. Background The claimant, Commat Comércio de…
…proceedings against Rals in the Singapore High Court for the total face value of the four notes, plus interest and costs (Court Proceeding). In response, Rals filed an application for…
…had to be tried again in potential set-aside proceedings. This approach led to the criticism that it frustrated a party’s efforts to challenge jurisdiction and created unnecessary costs. In decision…
…arbitration proceedings, both parties failed to pay the global amount of the advance on costs fixed by the ICC Court. The ICC thus fixed separate advances on costs, pursuant to…
…for costs stems from the final allocation of costs in the last award. Once this award is rendered, containing the final allocation of costs, the destiny of security for costs,…
…inadmissible and the Tribunal was precluded from exercising jurisdiction over the dispute. Subject to the Tribunal’s further award on costs, this essentially marks the end of the long-running case. However,…
…of aliens as the standard of treatment to be afforded to covered investments”, and makes explicit that “the concepts of “fair and equitable treatment” and “full protection and security” do…
…to pay tribunal-ordered costs prompted a controversial decision on security for costs, which rested at least in part on the fact that the claimant now had a third-party funder. The…
…of commercial arbitration users with the costs and speed of arbitration. Or, consider the recent wave of criticism of investor-State arbitration (especially in the context of the Transatlantic Trade and…
…ensure their consistency with the recent developments in international arbitration practice and will increase the speed and minimize the costs of the arbitration proceedings under its auspices. Moreover, considering the…
…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…
