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…
Search Results for: security for costs
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…
Failing to pay the advance on costs and the risk of inoperability of the arbitration clause – Remedy?
…adequate security for costs, a demand BDMS was not willing to meet. Equally, BDMS was not willing to pay the other half of the advance on costs. Subsequently, the ICC…
Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Proceedings, Arbitrator Challenges, Arbitrators
Get Rid of the Presiding Arbitrator?
…the case by the appointed umpire. Time and costs will be lost. Secondly, admitting party appointed arbitrators may lead to admitting this kind of appointment in its entirety, that is,…
British Columbia Signals To The International Community That It Is An Enforcement-Friendly Jurisdiction
…December 1, 2011, the Court recognized and enforced the Final Award. SFI sought to recover all of its costs in enforcing the Final Award. PSM argued that the Mareva injunction…
UNCITRAL Model Law: Still a Model or Second Best?
…been minor, technical changes designed to further increase efficiency and limit costs.3)One common example is providing that parties shall default to a single arbitrator rather than to three arbitrators as…
Annulment, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor
Rule 41(5) of the ICSID Arbitration Rules: The Sleeping Beauty of the ICSID system
…of the claimant it shall also decide on the allocation of costs. In one case, because of the newness of the procedure, the tribunal did not award costs to the…
Eastern Europe, Enforcement, Europe, New York Convention, Public Policy, Recognition and enforcement of arbitral award
Five Facts About Recognition and Enforcement of Foreign Awards in Central and Eastern Europe
…may condition the granting of any stay on the payment of adequate security (See Romanian Civil Procedure Code Article 1029); others forums, such as Slovakia, reportedly do not require such…
26th Annual ITA Workshop: Young Arbitrators Dallas Roundtable
…arbitration should proceed if an insolvent party refuses to pay its share of the costs. She concluded that the insolvent party or trustee must be afforded the opportunity to present…
Playing Hardball in International Commercial Arbitration
…with the intricacies of the arbitration process. This situation may be particularly acute where the value of the dispute is low and the client is (rightly) concerned with controlling costs….
Damages for damages: If a state court imposes damages on a party in violation of an arbitration agreement, can an arbitral tribunal award damages negating those court-imposed damages?
…not only seeks damages for the costs it incurred in defending its interests, but also for the damages it was ordered to pay. In a decision released on 30 September…
New Dutch Arbitration Law Adopted
…entry into force shall be determined by the Minister of Security and Justice by royal decree. We assume that this will be 1 January 2015. Important amendments introduced by the…
Damages for breach of the obligation to arbitrate: a step forward of national courts in favour of arbitration?
…(being awarded damages corresponding to the costs and fees that party incurred to defend itself before the court plus any liability hypothetically recognized by the court heavier than that eventually…
IBA Guidelines on Party Representation, International arbitration, LCIA Guidelines for Parties' Legal Representatives
How Far do the New LCIA Guidelines for Parties’ Legal Representatives and the IBA Guidelines on Party Representation go?
…inferences in assessing the evidence or arguments advanced by the party representative; (3) considering misconduct when apportioning the costs of the arbitration; or (4) any other measures deemed necessary by…
ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Is Investment Arbitration in Latin America in Crisis?
…except for those matters relating to defense and state security and in special cases that the parties may determine by mutual agreement; and (iv) provide that the only basis for…
The Consistency of the UNCITRAL Rules on Transparency with the Transparency Policy of Some Latin American Countries
…States are not required to disclose information that may put at risk its essential security interests. II. The case of Peru To date, Peru’s policy on transparency in investment arbitration…
Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration clause, Energy, Gas Supply Agreements, Price revision
Arbitration Clauses in Gas Supply Agreements
…the arbitral tribunal’s jurisdiction with regard to the revision process would be to exclude the application of hybrid formulae. Another approach from the point of view of costs would be…
Class Arbitrations in Brazil?
…possible for and in what situations will the Claimant accept to sign an arbitration agreement? In the case of an arbitration, who will bear the costs? (considering that in Brazil…
Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Institutions and Rules, Costs in arbitral proceedings, Eastern Europe, International arbitration, Language of arbitration
Belgrade Arbitration Center adopts BAC Rules
…of the arbitrator who has already been appointed or reappoint the arbitrator who has already been appointed, and designate one of them as the presiding arbitrator. Costs of arbitration Article…
The Choice of the Language of the Proceedings: An Underestimated Aspect of the Arbitration?
…mainly conducted through translation and interpretation, which would definitely affect both costs and duration of the arbitration. Equally, the issues related to the choice of language by the arbitral tribunal…
The EU Parliament proposes a regulation for financial responsibility for EU-linked investor-state dispute settlement
…Union, as an entity having legal personality, will be expected as a matter of international law to pay any adverse award and bear the costs of the dispute, whether the…
International Dispute Resolution in the Asia-Pacific – Arbitration in Australia Revisited
…request that subpoenas be issued (and to apply to a Court for relief in the event of non-compliance), a right to seek security for costs and a right to apply…
ITA-ASIL 2014: Mass and Class Claims in Arbitration
…costs and risks of numerous cases arising out of the same actions. Mr. Wordsworth questioned whether it was appropriate to allow claimants to decide whether to bring their actions collectively…
Would Reference to the Decisions of Investment Treaty Tribunals be of Assistance in the Interpretation of Political Risk Insurance Policies?
…on account of a failure to provide full protection and security to the investor, or for treatment that was not considered to be fair or equitable, may primarily be found…