…significant disparities in perceptions regarding the need to reduce costs and risks in international dispute resolution – goals often tied to mediation. Many business users conceded that the ineffective use…
…only be such as are provided by law and are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of national security or of…
…procedural layer of s.69 (with the additional costs and delay it entails) becomes more justified. The appeal mechanism should therefore be viewed as one which benefits, rather than hinders, the…
…ensure a fairer and more balanced outcome, while reducing time and costs for both states and foreign investors. After 5 years of deliberations, the new Rules of the UNASUR Arbitration…
…seek to discover and adduce in the common law adversarial process. Whether this “tsunami” has engulfed tribunals, and whether it contributes to delays and costs in international arbitration, may require…
…be fully equipped to handle. In particular, the SICC seeks to address the following shortcomings perceived in arbitration: a. over-formalisation of, delay in, and rising costs of arbitration; b. concerns…
…self (also called the “doer”) does not care at all about the costs of his actions and about what is best in the long term (e.g., when Monday comes and…
…have an impact on enforcement proceedings already underway in different jurisdictions against Russia’s assets. In a big ticket arbitration where costs reach unprecedented highs (in the Yukos arbitration, the tribunal…
…increasing the speed and efficiency of proceedings, as well as lowering their costs, to a large extent reflect the mechanisms contained in the rules of specialized arbitration institutions. However, account…
…the Algiers Accords and creating the Iran-U.S. Claims Tribunal. As a result of these negotiating priorities, the General Declaration to the Accords requires Iran to maintain a Security Account with…
…the sole arbitrator ordered the Respondent to pay the Claimant damages and legal fees for breach of contract, amounting to USD 12, 369, EUR 63, 536 plus interest and costs….
…Overall, it is to be welcomed that the Supreme Court, in line with its general practice, employs pragmatic reasons in this case (costs, risks of prescription), to achieve a satisfactory…
…2016 a draft report on costs has been published and its recommendations (that, generally, the presence of TPF should not decisively influence the tribunal’s decision on costs) have also been…
…a funded party should communicate upfront and transparently about TPF. Second, arbitral tribunals should be more amenable to granting security for costs, especially when an impecunious claimant is being funded…
…example by completing a questionnaire about their approach to case management, to delegation of work to tribunal secretaries, to settlement discussions, to disclosure, and to costs, amongst others. The proposal…
…the other grounds for setting aside the awards that had been invoked by the Russian Federation in the proceedings. The former Yukos shareholders were ordered to pay the costs incurred…
…1923. Though they are not perfect, the 2012 ICC Rules and their application by the Court, assisted by its Secretariat, aim to promote efficiency both in terms of costs and…
…reopening the procedure for the sake of allowing the parties to present their views on the new legal arguments will inevitably lead to a delay and increase costs. In our…
…hearing has been completed, the Parties have submitted their post-hearing briefs and submissions on costs and what remains is for the Tribunal to formally close the proceedings and issue its…
…from costs incurred in installing solar power infrastructure. Yet in the wake of its economic crisis Spain introduced changes cutting down on its subsidies and others, via legislation. The claim…
…procedures with impunity. This, however, might increase the potential for inefficiencies and sly practices, resulting in increased party costs. Particularly soft arbitrators may thus inadvertently trade in their desire for…
…the ICC Commission Report Controlling Time and Costs in Arbitration. Most Russian institutional rules provide that arbitration commences when the secretariat of an arbitral institution – and not the respondent…
…sense that no permanent secretariat is created and the costs are mostly shared by the disputing parties. Also, the specific procedures included do not differ greatly from what is currently…
…and 11-13.323. In short, it first held that non-diplomatic assets such as monies related to tax, social security and oil royalty claims owed by French companies to Argentina through their…
