Belarusian Courts on Granting Post-Award Interest
…to the claimant the principal debt for the goods delivered, the costs of arbitration and the compound interest in the amount of 5% per annum. The Supreme Economic Court limited…
Search Results for: security for costs
Croatia, Enforcement of an arbitration clause, Mediation, Multi-tiered clauses, Pre-arbitral procedure
Enforceability of Mediation in Multi-tiered Clauses: the Croatian Perspective
…to appoint a new tribunal, as would be the case if the proceedings are terminated. Also, costs will be reduced since the aggrieved party will not have to pay any…
Arbitration, Consent, Domestic Courts, obligation to arbitrate, Procedure, Stay of Proceedings, United States, Waiver
Waiving the Right to Arbitrate in the United States: Should the Prejudice Requirement be Discarded?
…allege waiver. Second, the prejudice standard imposes systemic costs. The desirability of the U.S. as an arbitral seat is not helped by a non-uniform interpretation of the FAA. Yet introducing…
UAE Court Annuls Award and Stresses Strict Compliance with Law
…an agreement to forego proceedings in the UAE courts and the security afforded through litigation”. Signature of the award Arbitral awards in the UAE have to be signed (Article 212(7)…
Restrictive Tendencies in Hungarian Arbitration Law – Arbitration Agreements Are Not Enforceable Against Companies under Involuntary Liquidation
…(4) arbitration costs are higher than ordinary court fees, they must be paid upfront and there is no possibility to defer them until the final award. Both the merits and…
New Belarusian Resolution on the Recognition and Enforcement of Foreign Arbitral Awards: Is There No Rose Without a Thorn?
…Resolution No 18 has a similar provision, it does not resolve the issue on the enforcement of partial awards, preliminary awards or awards on costs that provide the final decision…
Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Best practices, Commercial Arbitration, Document Production, Due process, International arbitration, International Legal Theory and Teaching, Procedure, Uncategorized
Celebrating a Vision: Queen Mary School of International Arbitration Turns 30 and Looks Ahead to the Next 30 Years
…Luke Nottage (University of Sydney), noted the success of efficiencies in IA but the comparative lack of success in containing rising costs, even in the Asia Pacific region where costs…
From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT
…Government inter alia failed to provide protection and security to the project, its employees and their families – an obligation of the police and, primarily, the State government. The BIT…
Conference report on Wendy Miles’ keynote speech at the YAF/YAPP conference in Vienna (28 March 2015): “The Role of Young Arbitrators in the Rule of Law”
…means to resolve “without prohibitive cost of inordinate delay” bona fide disputes that the parties cannot themselves resolve. Miles referred in this context to the issue of costs, a delicate…
Arbitration of Cross-Border M&A Disputes
…agreement, a share purchase agreement, a credit agreement, a security agreement and a guarantee. If each of these documents contains a compatible HKIAC clause, the HKIAC will offer the rare…
Are All Institutional Rules Now Basically The Same?
…on the costs of the arbitration. In addition to the arbitrators’ fees, the costs of an institutional arbitration include the institutions’ administrative fees, filing fees and the costs of any…
Canada, China, and the Anti-BIT
…state’s decision to “initially approve an investment that is subject to review” or “permit an investment that is subject to national security review” under its own laws. This exclusion guarantees…
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…the general approach that costs should be paid on an indemnity basis and ordered Alstom to pay costs on a party and party basis. HKIAC HKIAC introduced a number of…
The Use of Arbitration for Derivative Contracts
…to preserve assets and evidence, injunctions and security for costs. Where a party needs urgent relief before the tribunal is constituted, HKIAC can appoint an emergency arbitrator within two days…
Conflating Politics and Development?
…costs and benefits of investment treaties and dispute settlement. While it is not a comprehensive assessment of all the relative value of specific treaties, my article, Conflating Politics and Development?,…
English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996
…setting aside, as well as the ramifications, both in terms of costs, time and justice, of doing either”. He considered Merkin’s Arbitration Law review of the pre-1996 authorities which indicated…
Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations
…Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970), interpreting the Covenant of the League of Nations, which was concluded in 1919, the International…
The Launch of the 2015 Queen Mary and White & Case International Arbitration Survey
…what mechanisms could be implemented to help control time and costs of international arbitration? Access to arbitration in “low value” claims: should there be simplified procedures for claims under a…
Mongolia’s Meddling in Mining Operations will Cost it $100 Million
…Finally, Khan received full arbitration and counsel costs amounting to $9.1 million. The announcement of this award by Khan on 2 March 2015 came just days after thousands of Mongolians…
Do Arbitrators Have A Special Duty Towards Unrepresented Parties?
…favour of the claimant and a substantially increased award of costs. New counsel for the petitioner requested reconsideration of both the award and the amended award from the arbitrator. The…
Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of Appeal’s Finding that the Tribunal Lacked Jurisdiction
…than costs that could be compensated, as a result of First Media’s delay. This is a reminder that award-debtors reach a fork in the road once enforcement proceedings are started….
To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts
…in court. Multiple proceedings or additional objections would involve increased costs and may also cause delays, which could give the relevant party time to divest itself of assets in an…
Arbitration clause, Dubai, Enforcement of an arbitration clause, Middle East, UAE, Unilateral Clauses
Unilateral Option to Arbitrate: Valid in the UAE?
…party a choice of forums, imposing high costs for arbitration, designating an inconvenient forum for arbitration and imposing confidentiality on the arbitration proceedings. It is submitted that, again, these concepts…
Mass Claims in Investment Arbitration- The Need of the Hour
…have even showed that the average claim may cost in the region of US$9,743,000 (Counting the costs of investment treaty arbitration, Global Arbitration Review Online News, 24th March, 2014). This…