…able to determine the content of Swedish law without ambiguities that might result in an increase in legal costs and lengthy proceedings for the parties. Hence, although the problem might…
…the Greek Civil Code. The arbitral tribunal concluded that MOTOROIL had to pay additional costs to the other party, given that an unpredictable event took place (namely, the increase of…
…fragmentation of the law on state immunity could force states to shift their assets from one state to another, thereby imposing significant transaction costs of the kind that a uniform…
…the agreement. The arbitral tribunal issued two awards in the Claimant’s favour, one on the merits and one on costs, the last being issued on 20 March 2014. The two…
…Security for costs. A new provision of the draft rules empowers tribunals to order a claimant or counterclaimant to pay security for costs. If a party fails to comply with…
…with the self-evident side-effect of saving time and costs. For counsel with a strong litigation background, the proposal does not necessarily transpire the genius of true innovation. The codes of…
…the costs of their respective members to the arbitral tribunal and share equally the cost of the chairman and “other relevant costs”.31)Article X(5) of the 1987 ASEAN Agreement. 2009 ASEAN…
…are excessive costs and delays. By not being robust enough for fear of seeing an award set aside or refused enforcement, some arbitrators may contribute to the excessive costs and…
…the seat and language of the arbitration where the parties have failed to agree, (vi) overseeing the challenge of arbitrators and (vii) fixing the arbitration costs, including arbitrator fees, in…
…posting of security. As evidence of this rising trend, Carlson highlighted two recent cases involving Venezuela: Flughafen v. Venezuela, where the annulment committee declined to lift the stay of enforcement…
…significant disparities in perceptions regarding the need to reduce costs and risks in international dispute resolution – goals often tied to mediation. Many business users conceded that the ineffective use…
…only be such as are provided by law and are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of national security or of…
…procedural layer of s.69 (with the additional costs and delay it entails) becomes more justified. The appeal mechanism should therefore be viewed as one which benefits, rather than hinders, the…
…ensure a fairer and more balanced outcome, while reducing time and costs for both states and foreign investors. After 5 years of deliberations, the new Rules of the UNASUR Arbitration…
…seek to discover and adduce in the common law adversarial process. Whether this “tsunami” has engulfed tribunals, and whether it contributes to delays and costs in international arbitration, may require…
…be fully equipped to handle. In particular, the SICC seeks to address the following shortcomings perceived in arbitration: a. over-formalisation of, delay in, and rising costs of arbitration; b. concerns…
…self (also called the “doer”) does not care at all about the costs of his actions and about what is best in the long term (e.g., when Monday comes and…
…have an impact on enforcement proceedings already underway in different jurisdictions against Russia’s assets. In a big ticket arbitration where costs reach unprecedented highs (in the Yukos arbitration, the tribunal…
…increasing the speed and efficiency of proceedings, as well as lowering their costs, to a large extent reflect the mechanisms contained in the rules of specialized arbitration institutions. However, account…
…the Algiers Accords and creating the Iran-U.S. Claims Tribunal. As a result of these negotiating priorities, the General Declaration to the Accords requires Iran to maintain a Security Account with…
…the sole arbitrator ordered the Respondent to pay the Claimant damages and legal fees for breach of contract, amounting to USD 12, 369, EUR 63, 536 plus interest and costs….
…Overall, it is to be welcomed that the Supreme Court, in line with its general practice, employs pragmatic reasons in this case (costs, risks of prescription), to achieve a satisfactory…
…2016 a draft report on costs has been published and its recommendations (that, generally, the presence of TPF should not decisively influence the tribunal’s decision on costs) have also been…
…a funded party should communicate upfront and transparently about TPF. Second, arbitral tribunals should be more amenable to granting security for costs, especially when an impecunious claimant is being funded…
