…arbitral institutions to administer proceedings, the appointment of arbitrators, the allocation of costs, the seat of arbitration, language, and confidentiality, among others. Although it is conceivable that some obstacles related…
…conflicts of interest, disclosure and (security for) costs. The recent expansion of third-party funding in international arbitration and ongoing debates on this topic have spurred notable developments with regard to…
…appointed for a fixed period of time with security of tenure and all necessary guarantees of independence; – any proceeding conducted before the MIC should be transparent and include the…
…represent a much-needed course correction to protect national security and address macro-economic trends that have hurt workers. Others see them as harbingers of the demise of the post-World War II…
…demand higher costs for capital provided due to special legal and financial expertise, such as in enforcement and vis-á-vis obstacles pertaining to sovereign immunity. Second, we highlight the issue of…
…trends revealed by those awards and describe a number of tools to improve the predictability of the costs of arbitration proceedings. Françoise Lefèvre, Peter Callens and Guillaume Croisant, address the…
On 30 October 2017, the ICC Court announced yet another measure to tackle the twin problems of time and costs in arbitration, through the immediate disposition of manifestly unmeritorious claims…
…party (or may be party) to contentious proceedings and funders who undertake to pay the legal costs of the proceedings, in return for a share of the proceeds, in the…
Multi-party arbitrations arising out of multiple agreements between multiple parties containing different arbitration clauses give rise to complex issues to be answered by arbitral tribunals and Courts. While negotiating an…
…time constraints were the primary obstacle or challenge faced by parties in the resolution of disputes (with a 59% ranking). In addition, reduced costs and expenses (with a 50% ranking…
…Registrar will not second-guess the tribunal’s assessment of reasonable costs. Indeed, given that the costs of the taxation proceedings themselves are frequently heavily taxed down in “Section 2” of the…
…well as in other institutions such as SIAC, HKIAC, SCC is a good option to expedite the resolution of the dispute and reduce costs. A fast resolution could help the…
…reduce. While this will help in saving time and costs in arbitration, it also means that parties will deter from challenging arbitrators in legitimate cases. In the Chagos Decision, Mauritius…
…resources to litigate properly. Notwithstanding, this reason alone is changing and third-party funding is more and more being used by claimants to allocate risks and costs while continuing its business…
…and allow for joinder of their claims. Additionally, particularly in countries with repressive governments, witness protection arrangements will be required. The arbitrators may need special powers to allocate costs and…
…features of the CIS arbitration include such measures as reducing the number of the parties’ submissions, full payment of arbitration costs by the claimant, squeezing proceedings into one hearing limited…
…the security for costs is paid by laundered money. In all three scenarios the arbitral tribunal could itself become – at least to some extent – an unwilling participant in…
…exclusion of evidence, monetary sanctions, costs allocation? Can the arbitrators impose sanctions on the parties’ counsel as well? Were the decisions reached in the cases of ReliaStar v. EMC; Hrvatska…
…could provide the most effective means of resolving such disputes. The potential for cryptocurrency disputes does not stop at ICOs. Despite the security provided by end-to-end encryption, there remains the…
…they used to be and, if so, what are their perceptions of it? Who is responsible for the security of data when using information technology and what role will information…
…to play”). The “winner takes it all” approach, commonly referred to as “costs follow the event” rule stipulates that the losing party compensates the winner for its costs. It is…
…practice. While tribunals do struggle in finding the correct interpretation of other treaty standards like fair and equitable treatment, full protection and security, and expropriation, these standards establish clear obligations…
…independent from any firm or organisation. In the former case, arbitrators are typically subject to data security processes and policies over which they may not have any control and which…
…res judicata, emergency arbitration and important languages in arbitration; “The Costs” – costs in international arbitration and proper etiquette at an arbitration conference; and “The Redfern Schedule” – Place of…
