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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

Joanne Greenaway/May 1, 2015 /Leave a comment

…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…

Asia-Pacific, BIT, India, Investment agreements, Investment Arbitration, ISDS

From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT

Bhushan Satish (Willkie Farr & Gallagher) and Shreyas Jayasimha (Aarna Law)/April 29, 2015August 19, 2017 /Leave a comment

…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…

Arbitration Proceedings, Arbitrators, Human Rights, Rule of Law

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”

Ileana M. Smeureanu (Jones Day)/April 23, 2015 /Leave a comment

ArbitralWomen

…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…

HKIAC

Arbitration of Cross-Border M&A Disputes

Joe Liu (Hong Kong International Arbitration Centre )/April 21, 2015 /Leave a comment

HK45

…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…

International arbitration

Are All Institutional Rules Now Basically The Same?

Jonathan Lim (Wilmer Cutler Pickering Hale and Dorr LLP)/April 10, 2015 /Leave a comment

YSIAC

…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…

BIT, Canada, CETA, China, Free Trade Agreements

Canada, China, and the Anti-BIT

Catherine H. Gibson/April 9, 2015 /Leave a comment

…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…

HKIAC, Hong Kong, Uncategorized

Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong

Ing Loong Yang (Latham & Watkins LLP)/April 3, 2015 /Leave a comment

…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…

Derivate Contracts, Hong Kong

The Use of Arbitration for Derivative Contracts

Joe Liu (Hong Kong International Arbitration Centre )/March 31, 2015 /1 Comment

HK45

…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…

Arbitration, Investment Arbitration, Investment protection, Investor, Mediation

Conflating Politics and Development?

Susan D. Franck (Washington and Lee University School of Law)/March 25, 2015 /Leave a comment

Institute for Transnational Arbitration (ITA)

…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?,…

Arbitration Act, England, English Law, Set aside an arbitral award

English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996

Maguelonne de Brugiere (Herbert Smith Freehills)/March 24, 2015 /1 Comment

Herbert Smith Freehills

…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…

BIT, Investment Arbitration, Treaty Interpretation

Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations

Roberto Castro de Figueiredo (Tribe Arbitration and St Mary's University)/March 21, 2015 /1 Comment

…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…

Uncategorized

The Launch of the 2015 Queen Mary and White & Case International Arbitration Survey

Dipen Sabharwal (White & Case LLP)/March 13, 2015 /Leave a comment

White & Case

…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…

Energy Charter Treaty, Expropriation, Foreign Investment Law, Investment Arbitration

Mongolia’s Meddling in Mining Operations will Cost it $100 Million

Yancy Cottrill (Staff Attorney at Congress of the Federated States of Micronesia)/March 12, 2015 /2 Comments

…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…

Arbitrators, Unrepresented Parties

Do Arbitrators Have A Special Duty Towards Unrepresented Parties?

Henri C. Alvarez (Fasken Martineau DuMoulin LLP)/March 11, 2015 /3 Comments

…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…

Enforcement, Jurisdiction of the arbitral tribunal

Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of Appeal’s Finding that the Tribunal Lacked Jurisdiction

Tomas Furlong (Herbert Smith Freehills LLP)/March 7, 2015 /Leave a comment

Herbert Smith Freehills

…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….

China, Foreign Investment Law, Uncategorized

To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts

Lijun Cao (Zhong Lun Law Firm)/March 6, 2015 /1 Comment

…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?

Richard Ashmore (Herbert Smith Freehills)/March 4, 2015 /Leave a comment

Herbert Smith Freehills

…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…

Class arbitration, ICSID Arbitration, ICSID Convention, Investment Arbitration

Mass Claims in Investment Arbitration- The Need of the Hour

Deepu Jojo Sushama (Association for International Arbitration)/March 4, 2015 /Leave a comment

…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…

BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership

A Question of Democracy: The German Debate on International Investment Law.

Stephan Schill (General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/March 2, 2015 /2 Comments

Institute for Transnational Arbitration (ITA)

…in CETA, including for the protection of national security, the environment, or public health, as well as exceptions regarding taxation and the regulation of financial markets. – Differences between constitutional…

BIT, Investment Arbitration, Investment protection, Res Judicata, Settlement

Effects of Settlements in Investor-State arbitration

Daniela Páez-Salgado (Senior Assistant Editor) (Herbert Smith Freehills)/February 24, 2015 /Leave a comment

…security, national treatment or most-favored-nation treatment; the damage to the shareholders can take the form of a diminution in the value of his shares. The shareholder therefore has a right…

Arbitration, Book Review, Investment Arbitration

Introducing Litigating International Investment Disputes – A Practitioner’s Guide

Chiara Giorgetti (Richmond School of Law)/February 13, 2015 /Leave a comment

Institute for Transnational Arbitration (ITA)

…essential issues related to costs, explaining first what are the costs involved in investment treaty arbitration, and, then, who will likely have to pay for those costs, based on through…

BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK

Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?

Joanne Greenaway/February 11, 2015 /Leave a comment

…5. While the domestic courts are presided over by independent adjudicators with security of tenure, members of an investment treaty tribunal can be selected by parties, which may lead those…

Costs in arbitral proceedings, ICSID Arbitration, ICSID Convention, Security for Costs

Security for Costs in ICSID Arbitration

Inna Uchkunova (International Moot Court Competition Association (IMCCA))/February 10, 2015 /Leave a comment

…costs. (RSM Production Corporation v. Saint Lucia, Decision on security for costs of 13 August 2014, para. 65) The present post discusses the decision on security for costs of the…

BIT, Evidence, Jurisdiction of the arbitral tribunal, Singapore

Singapore Court Reviews Investment Arbitral Tribunal’s Decision On Jurisdiction: What Standard Should Apply As to Evidence?

Kelvin Poon (Rajah & Tann Singapore LLP)/February 4, 2015 /Leave a comment

…party subsequently lodge an application for review before a court, it is hoped that the court would sanction the party for knowingly withholding evidence by making an order for costs….

Kluwer Arbitration Blog

Search Results for: security for costs

Celebrating a Vision: Queen Mary School of International Arbitration Turns 30 and Looks Ahead to the Next 30 Years

From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian 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”

Arbitration of Cross-Border M&A Disputes

Are All Institutional Rules Now Basically The Same?

Canada, China, and the Anti-BIT

Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong

The Use of Arbitration for Derivative Contracts

Conflating Politics and Development?

English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996

Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations

The Launch of the 2015 Queen Mary and White & Case International Arbitration Survey

Mongolia’s Meddling in Mining Operations will Cost it $100 Million

Do Arbitrators Have A Special Duty Towards Unrepresented Parties?

Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of Appeal’s Finding that the Tribunal Lacked Jurisdiction

To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts

Unilateral Option to Arbitrate: Valid in the UAE?

Mass Claims in Investment Arbitration- The Need of the Hour

A Question of Democracy: The German Debate on International Investment Law.

Effects of Settlements in Investor-State arbitration

Introducing Litigating International Investment Disputes – A Practitioner’s Guide

Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?

Security for Costs in ICSID Arbitration

Singapore Court Reviews Investment Arbitral Tribunal’s Decision On Jurisdiction: What Standard Should Apply As to Evidence?