…Clauses clarify that FPS covers only “physical” integrity of investors and investments against interference. This seeks to distinguish other forms of protection and security (e.g., ‘legal’ security) and to avoid…
…On 4 April 2022, A. AG filed an application for attachment with the Regional Court of Bern-Mittelland for the amount of CHF 33,253,049.13 plus ancillary costs against the state of…
…concerned claim or defense; and the arbitral tribunal to order costs against the unsuccessful party where it is of the view that any such request was made frivolously (although the…
…want to gain access to the data that it has collected. The shift to remote working and cloud-based storage has made it more difficult for businesses to maintain data security….
…years by mostly now treaty-based ISA. However, as in the 1990s, concerns are again surfacing about escalating delays and especially costs (Part 3). Burgeoning costs and delays are due not…
Arbitration has emerged as a preferred and valuable tool for resolving disputes. However, the associated costs and time can sometimes deter parties from pursuing this avenue. Fortunately, there are various…
…arguably also somewhat questionable. Apart from arbitration costs and the duration of the arbitration, the Court considered the fact that the events underlying the dispute between the parties took place…
…such arbitration proceedings, the DIAC will apply the rules of procedure of the DIAC, including the tables of fees and costs, through the DIAC’s own case management systems, unless otherwise…
…traditional legal tasks. Technology has driven efficiency and reduced costs in some areas, but the underlying legal tasks have not materially changed. That may not be the case going forward….
…the CalArb website. Highlights include “Arbitrating in a Time of Trade War: Successfully Navigating the Minefields of National Security, Cross-Border Data Restrictions, Sanctions and US-China Decoupling to Achieve Fair and…
…to join simply because by joining, it must pay the arbitration costs, or at least, risk bearing them. Another possibility is to first arbitrate the dispute between the parties who…
…is necessary for the protection of its essential security interests” and to retain the right to “regulate in the public interest” and adopt measures to promote and protect those states’…
…since they take into consideration specific issues such as the de-mining costs, the rebuilding costs, or contractual penalties for instance. The main goal is to be prepared, collect, and present…
…of or in connection with more than one contract in a single arbitration. This provision allows parties to save time and reduce costs when resolving disputes arising out of two…
…on 30 May 2023 tackled the very topical issue of controlling costs in international arbitration. Looking Forward In view of the recent and upcoming developments in arbitral rules and…
…in the operation of the Duquesa Landfill and its various breaches of the concession agreement caused a public health crisis that endangered the national security and created a risk of…
…for a security for costs order are determined by the applicable institutional rules or arbitration laws, the respondent applying for security for costs will generally have to prove the existence…
…and the parties’ compliance with the disclosure requirement when deciding on arbitration costs or any other fees. This continues CIETAC’s past efforts to regulate third-party funding. In September 2017, CIETAC…
…advice was to bear in mind the extensive costs and limited certainty of outcome in a dispute, and the client’s level of familiarity with arbitration. The importance of honest and…
…established rule in DIAC arbitration that the arbitrating parties share the costs of the arbitration equally pending a costs decision by the tribunal, which allows the allocation of the arbitration…
…arbitration process, internally and externally. By embracing innovation, we hope to enhance efficiency, reduce costs, and provide a seamless experience for all users, thereby streamlining processes, reducing administrative burdens, and…
…Disputes, Maxi Schrerer on The Effects of Insolvency on International Arbitration, Ank Santens’ critical discussion on Costs in International Arbitration: A Plea for a Debate on Early Guidance by the…
…a reasonable opportunity to present its case; and (iii) avoid unnecessary costs and delay. Mr Savola discussed not only traditional considerations, such as deciding between memorial or pleading styles, the…
…costs. The respondent argued that this rendered the arbitration clause unenforceable. The DCC dismissed the challenge as the advance on costs was in fact paid by the claimant but the…
