Allocation of Costs in ICSID Arbitration
…of the proceedings and bear their own legal costs; (2) loser pays or also called “costs follow the event” approach (“CFTEA”) under which the losing party bears the costs of…
Search Results for: security for costs
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…on file; • Expediency: The arbitral proceedings take no longer than 12 months for international arbitrations and 6 months for domestic arbitrations; • Low costs: The arbitration fees (which include…
Arbitration, Arbitration Agreements, DIFC, Dispute, Dispute Resolution, Middle East, Uncategorized, United Arab Emirates
DIFC Court Practice Direction on the conversion of DIFC Court judgments into DIFC-LCIA awards goes full steam ahead!
…a judgment creditor and judgment debtor with respect to any money (including interest and costs) due under an unsatisfied judgment, including (i) a failure to pay on demand any sum…
The Urgent Need for Data: Are the Needs of Users and the Dispute Resolution Market Misaligned?
…to use, and the timing for its use that is invariably earlier rather than later. Managing risk as well as costs is an important goal. The focus is placed on…
Bad faith claims in challenge proceedings and counsel’s liability for costs
…may order the unsuccessful party to bear the court costs. These costs are based on a scale established on the amount in dispute and capped at CHF 100,000, unless exceptional…
The Consolidation Arbitrator – An Arbitrator Too Far?
…will no doubt be an additional cost associated with such a process. Parties will have to pay the fees of an additional arbitrator alongside the costs of that arbitrator’s consultation…
Apotex III’s Application of Res Judicata Ensures Finality, Legal Security and Judicial Economy
…on this basis was rejected as impermissible “claim-splitting.” The Apotex III Award’s approach to res judicata promotes the doctrine’s objectives of finality, legal security and judicial economy, and should be…
Third Party Funding Again Under the Spotlight
…as a security for the state’s costs in the case. in a pending oil arbitration proceeding. The ICSID tribunal’s decision issuing security for costs was based on three cumulative elements:…
ISDS: which way will the scales TTIP?
…forum. According to them, these advantages include the prohibitive costs of investment arbitration, the role of appointing bodies accountable directly to investors or major capital exporting States, and the bargaining…
Multi-tiered dispute resolution clauses, a friendly Miranda warning
…clauses “help to facilitate dispute management and reduce time and costs“3)https://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Arbitration/Standard-ICC-Arbitration-Clauses/ to the extent that if successful, litigation or arbitration can be avoided; and if unsuccessful, negotiation/conciliation encourages the parties…
Is Legal Reform Enough to Succeed in the ‘Battle of the Seats’?
…will be highly dependent on the overall costs associated with a certain city. The parties’ costs, including the travel expenses for the parties and witnesses, as well as the arbitrators’…
Brussels’ Sanctions Against Russia and Moscow’s Retaliatory Measures Through the Eyes of the Arbitrator
By Resolution of 27 March 2014, the United Nations (UN) General Assembly condemned the violation of Ukraine’s territorial integrity (A/RES/68/262). The Security Council remained, however, powerless to impose against Russia…
BIT, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Most Favoured Nation (MFN), Switzerland, Treaty, UNCITRAL Transparency Rules
Investment Protection – Swiss Style
…provide that investors shall be accorded fair and equitable treatment, shall enjoy full protection and security in the territory of the other contracting party, and shall not be discriminated against….
A Call from an Arbitration Activist
…bit lost up here. The barricade is definitely outside my comfort zone. No security blanket in sight. Only a discomforting sense of urgency, and a nagging feeling that we are…
Precision and Legitimacy in International Arbitration: Empirical Insights from ICCA
…on important topics in international arbitration related to fraud, document withholding, costs, arbitral reappointments, and diversity. This first of its kind survey research sheds light on the “invisible college” of…
Answers to the Summer Quiz 2014
…or guidelines for all but which of the following areas of international arbitration practice? A. Costs B. The conduct of party representatives C. Evidence D. Conflicts of interest E. How…
Untying the Knot: Estoppel and Implicit Designation of a Constituent Subdivision or Agency under the ICSID Convention
…by the claimant with its request for arbitration. (Cambodia Power, paras. 246, 254) In this case, the tribunal was concerned with achieving stability and security, however its conclusion does not…
Anti-suit injunction, Arbitral Award, Arbitration, Arbitration Proceedings, Brazil, Domestic Courts, Domestic law
Interim Measures and Anti-Arbitration Injunctions in Brazil: Answering the Actual Question at Issue
…STP products from the Petroplus Companies; and attorneys’ fees and costs. Glad lost, currently pending an appeal. In another example, FBDB (Ação Cautelar Inominada, Case n. 0012551-43.2004.8.26.0011, available here) and…
Key Changes in the LCIA’s new Arbitration Rules
…of the tribunal, or the finality of any award. Factors such as the stage the arbitration has reached, and the likely wasted costs or loss of time resulting from the…
The Singapore Approach to Allegations of Awards Infra Petita – BLC and Ors v. BLB and Anor [2014] SGCA 40
…to meet the applicable standards, and claimed rectification costs. The respondents in turn counterclaimed for various amounts, including monies allegedly owing for goods delivered to the appellants (“Counterclaim“). In his…
Law Commission’s Report to Revamp the Indian Arbitration Experience
…to this effect. To further restrict cases being instituted as a dilatory tactic, there is a proposal to impose actual costs in frivolous and misconceived actions. The appointment of an…
The Birth of a New UAE Federal Arbitration Law: A Long and Difficult Labour
…the jurisdiction must travel to the UAE to sign the award. Inevitably, additional costs will be incurred which the parties have to pay and awards can be delayed waiting for…
The Summer Arbitration Quiz!
…who comes closest) wins a dinner in Florence (travel and hotel costs excluded) and, if they wish, their name published here. Rules, Rules, and Guidelines 1. Which one of the…
Compensation for a Dismissed Arbitrator?
The Austrian Supreme Court (OGH) confirmed that an arbitrator who is dismissed during the arbitration by a state court because of conflict of interest before the award is rendered may…