…credit or points off on borrowing costs by showing investment structuring (to the banks and/or internal investors via prospectus). Support to Protect One’s Investment: If something goes wrong, it will…
…an investment. Instead, among the assets listed in NAFTA’s definition of investments in Article 1139, they refer to GSI as an “enterprise”, “equity and security” through the Einarssons owning all…
…party refuses to pay its share of the advance on arbitration costs. The third judgment, with a comment by Etienne Marque, is the latest saga in the remarkable string of…
…created with online tools. Relying on falsified evidence can distort the outcome of arbitrations and, at worst, lead to miscarriages of justice. This can also impact time and costs if…
…interpretation between civil and common law jurisdictions. The panellists also discussed strategies and techniques for the efficient management of arbitration and to save time and costs, including bifurcation, tailored procedures,…
…file a lawsuit against the employer when the employer failed to make payment of construction project costs owed to the contractor. Though controversial, this particular provision was never abrogated and…
…greater respect for the parties’ agreement, the right to a reasoned award, and that dissents can be short and sweet to minimize concerns regarding time and costs, and focus on…
…procedural orders in a cost context; a tribunal is only able to record the parties’ agreement to confer the power on the tribunal to award costs (including legal costs) but…
…an added set of arbitrators could inflate costs, possibly straining the parties who initially opted for arbitration due to its cost-friendly nature. Nevertheless, these perceived challenges can be strategically addressed….
…selecting arbitration as the dispute resolution mechanism for such contracts. Carbon disputes often deal with commercially sensitive information or matters concerning national security. The ability for arbitration to maintain confidentiality…
…adopt meaningful measures to control costs in response to Reficar’s repeated requests. Moreover, CB&I’s breach is demonstrated by the drastic growth in EPC costs, from USD 3.971 billion to USD…
…costs and contribute to the rendering of justice. Obvious examples on the procedural level include the ‘relevant and material’ test for admitting discovery, if any, under both (i) the soft…
…towards third parties such as banks and public registers. Dispositive Motions As the need for more efficiency and reduced costs in arbitration continues to be demanded by the international…
…inconsistent awards, and to save time and costs. The 2007 Rules were silent on joinder mechanism where the disputing parties themselves sought to join additional parties and only provided for…
…awarding of legal costs by a tribunal seated in the United Arab Emirates (“UAE”) and the consequences of parties not paying the advance on arbitration costs. This blog post provides…
…physical safety and security and that only may be extended to legal security in an “exceptional” situation. Most of Türkiye’s BITs – particularly those it has signed in recent years…
…activity in public interest, on the other hand, joint and several liability was enforced upon inexperienced funders for adverse indemnity costs. However, the UK Supreme Court (“Supreme Court”) in the…
…costs of obtaining the same. Implications for Foreign Arbitrations Under current Vietnamese law, arbitrations (i) seated outside of Vietnam involving a Vietnamese party, or (ii) seated in Vietnam but using…
…This will diminish the possibility of a challenge and help save time and costs and restore the disturbed balance in the bargaining power of the parties. The Supreme Court has…
…Seguros BBA’s precarious situation justified the adoption of regulatory measures such as the liquidation in order to protect the public interest, consistent with market security. Expropriation The Tribunal found…
…performance; and (iii) the costs for the acquisition of fuel and energy production. The first instance judge rendered a provisional order to guarantee Amapari’s participation in the creditors’ meetings in…
…(“White & Case Survey”) identified that “[r]espondents stressed the importance of flexibility as a means to aid efficiency and reduce costs by tailoring proceedings to the needs of the dispute…
…2017 and a dispute value up to US$ 3 million. Parties can also opt-in by agreement. The procedure entails (i) proportional time and costs, (ii) no terms of reference, (iii)…
…obligation to deliver (due to a defective material package) and ordered it to pay damages, interest, and costs (at [16]). The minority, who did not sign the final award, issued…
