…of security for costs in international arbitration. A deep dive into costs and reflections on security Dr. Nasrallah highlighted the numerous effects of costs on the initiation and conduct…
…raised the challenging question of whether the ESG clause, by tracking new costs, could trigger the application of the hardship clause. One interesting issue discussed by the panel, which Mr….
…its stated aim is to strengthen the legitimacy of arbitration, it is both inefficient and procedurally unsound, thus increasing the transaction costs within the arbitral system. A significant concern within…
…a construction contract, and this knowledge may allow parties to reach a settlement and save costs by averting a potential dispute. Therefore, pursuant to the 2015 CPC, parties can rely…
…Rican legislation. The New Arbitration Law provides for a reduction in costs for parties involved in domestic arbitration, since, as mentioned supra, when the parties have not agreed on a…
…were rendered in the references, as follows: the Offshore Jurisdiction Award (15 March 2022); the Offshore Jurisdiction Award on Costs (22 July 2022); the Consolidation Award (22 July 2022); and…
…reasons, that lifting the attachment in exchange for sufficient security would not be sufficient and that any further offers made by the applicant to provide security were not sufficiently concrete….
…of variation, as filing a claim requires providing financial information and proving entitlements to costs. In addition, addressing accountability issues for the employer can be more challenging. From the employer’s…
…costs. A staggering 85 to 98% of cases that obtained recommendations or decisions from dispute boards have not proceeded into arbitration or litigation. Ms. Tsaturova noted that while this may…
…considering that the arbitral tribunal decided out of the scope of the arbitration agreement that encompassed only the reimbursement of the fiduciary costs concerning the subscription of the shares and…
…parties, as the Terms of Reference established that each party would provide a translator and bear the costs related to the depositions of its own witnesses. Second, the BCCP had…
…local arbitration institutions, enhance investor confidence in resolving disputes within Kosovo’s legal framework, and reduce the complexity and costs associated with having to arbitrate in foreign jurisdictions. Kosovo Can…
…sophistication. He suggested that the concern over costs of arbitration could be addressed by introducing substantive and procedural rules on costs, ensuring the efficient conduct of proceedings, and by harnessing…
…states that the allocation of costs will be governed by Article 42 of the UNCITRAL Rules and section 51 of the AA states that the deposit of costs will be…
…Joanne Lau (Secretary-General, Hong Kong International Arbitration Centre), Ms. Silvia Ihensekhien (Director of Information Security and Risk Management, Swire Coca-Cola) and Mr. Duncan Watt (Legal Director, Litigation & Dispute Management,…
…integrity of the proceedings, and responding to wider developments in arbitration on diversity, greener arbitration, and information security. One of the most innovative and exciting new provisions is Article 9A.1,…
…this paragraph may be included in Article 38.2, which deals with the costs of the arbitration and the determination of the arbitrators’ fees. Conclusion Including provisions as suggested above…
…ensure energy affordability, security, and sustainability of supply while the energy transition occurs. However, the focus on delivering a conventional energy business in a value-focused way has led to more…
…postal services activity and linking this to a severe reduction in revenue and increase in its operational costs. The Ruling however also adds that, despite the operational impact suffered in…
…court had set aside the costs award in an international arbitration. The Judge held the court has the power to set aside a costs award, but found that neither of…
…highly qualified arbitrators from diverse backgrounds. Efficiency at All Costs – A Critical Review of Recent Innovations The second panel moderated by Kai Schumacher (AlixPartners), discussed whether efficiency should…
…obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.” (Emphasis added) It is the first publicly known…
…makes them less averse to litigation than startups or other modern business models. For the latter, the exposure to mass arbitration costs may still be lower than litigation costs. Thus,…
…of them. She described the total cost approach, often used in common law, when individual damages cannot be differentiated; the extended delay approach which, for instance, considers additional costs for…
