…of the general public, to enforce environmental safeguards, secure public health and security, apply taxes, and actions which are non-discriminatory should not result in an automatic consideration of compensation even…
…equitable treatment” (FET) and “full protection and security” (FPS) to investors from other TPP members. In the past, arbitral tribunals in investment treaty cases have interpreted FET to encompass various…
…also asked our respondents for their opinion regarding the sometimes controversial issue of costs in arbitration. They unanimously indicated that costs in arbitration are high and that this is a…
…showed that the plaintiffs’ legal team: (i) hired an environmental engineer to inflate the remediation costs to a US$ 6 billion sum based on a “SWAG” (an acronym for a…
…arose. Although the tribunal did not deal with the merits of the case, Australia succeeded and will most likely recover its legal costs. In other words, the Australian plain packaging…
…(b) interfered inappropriately in the parties’ settlement negotiations; and (c) made an order requiring both parties to give security for 100% of his anticipated fees, despite no application having been…
…as a relevant factor when considering any application for security for costs” (guideline 3.4). The draft Guidelines are available at https://hkarbitration.files.wordpress.com/2016/05/cietac-draft-guidelines-17-may-16.pdf. The public consultation period concluded on 19 July 2016….
…when this contribution prevents ordering security for costs? Moreover, the heated third-party funding debate pending in investment arbitration community just adds more controversy to the issue of security for costs….
…travel advisories, and a couple of U.N. Security Council resolutions, which are often issued some distance away from the activities in point, by individuals with little hands-on involvement. One should…
…in any event, any additional costs or administrative burdens of maintaining an international team of experts in London are likely to be absorbed in the same way that they are…
While the great third-party funding debate appears to centre on the issues of disclosure, arbitrator bias, security for costs, and regulation, the potential conflicts between third-party funding and confidentiality in…
…ideal of being able to resolve disputes entirely at the international level and avoiding the complexities, biases, and costs associated with having to deal with (often multiple) foreign court systems….
…development would translate into an outsourcing of economic security and into a reduction in costs for ‘keeping the others out’, making the Balkan states less receptive to mixed incentives (economic…
…a commendable novelty with the significant potential to filter unmeritorious claims thereby reducing costs, the problem with the three-step objection process is that it is effectively a “no risk” proposition…
…able to determine the content of Swedish law without ambiguities that might result in an increase in legal costs and lengthy proceedings for the parties. Hence, although the problem might…
…the Greek Civil Code. The arbitral tribunal concluded that MOTOROIL had to pay additional costs to the other party, given that an unpredictable event took place (namely, the increase of…
…fragmentation of the law on state immunity could force states to shift their assets from one state to another, thereby imposing significant transaction costs of the kind that a uniform…
…the agreement. The arbitral tribunal issued two awards in the Claimant’s favour, one on the merits and one on costs, the last being issued on 20 March 2014. The two…
…Security for costs. A new provision of the draft rules empowers tribunals to order a claimant or counterclaimant to pay security for costs. If a party fails to comply with…
…with the self-evident side-effect of saving time and costs. For counsel with a strong litigation background, the proposal does not necessarily transpire the genius of true innovation. The codes of…
…the costs of their respective members to the arbitral tribunal and share equally the cost of the chairman and “other relevant costs”.31)Article X(5) of the 1987 ASEAN Agreement. 2009 ASEAN…
…are excessive costs and delays. By not being robust enough for fear of seeing an award set aside or refused enforcement, some arbitrators may contribute to the excessive costs and…
…the seat and language of the arbitration where the parties have failed to agree, (vi) overseeing the challenge of arbitrators and (vii) fixing the arbitration costs, including arbitrator fees, in…
…posting of security. As evidence of this rising trend, Carlson highlighted two recent cases involving Venezuela: Flughafen v. Venezuela, where the annulment committee declined to lift the stay of enforcement…
