New Procedures for HKIAC Administered UNCITRAL Arbitration
…parties and the tribunal, saving time and costs for all involved (article 8). The 2005 Procedures were silent on the process for filing the notice of arbitration and the response…
Search Results for: security for costs
Arbitration, Arbitration Institutions and Rules, DIFC, Dubai, Middle East, Uncategorized, United Arab Emirates
Ruler appoints new Chairman of DIAC Board of Trustees
…the determination of arbitration costs – remains under the leadership of Prof. Tarek Riad of Cairo law firm Kosheri Rashed & Riad, who is serving his second term and has…
Inoperability of Arbitration Agreements due to Lack of Funds? Revisiting Legal Aid in International Arbitration
…financial resources resulting in a loss of its rights. Legal aid generally comprises an exemption from the obligation to pay advances and provide security, an exemption from court costs, as…
Fees of the Successfully Challenged Arbitrator?
…challenged during ongoing proceedings and on his liability for frustrated costs caused by the challenge and the appointment of a new arbitrator. Further, the claimant demanded reimbursement of the costs…
International Arbitration in the Americas: An Agent of Change?
…inferences, the apportionment of related costs against the offending party, and “other measures.” In sum, measures to ensure predictability in international arbitration continue to grow, and as they do, so…
Third party funding in international arbitration – lessons from litigation?
…against third party funders? 4. Can, and if so when should, a tribunal award costs against third party funders? 5. Can third party funders recover their costs as part of…
Multilateral Investment Treaties? A View from China
…hopefully would reduce some of the problems associated with the atomistic, bilateral approach. Would the creation of a Multilateral Investment Treaty be useful to reduce the costs associated with language…
The Court of Arbitration at the Polish Chamber of Commerce Adopts New Rules
…which has recently been introduced in many arbitration rules around the world. Nor do the Rules give any grounds for arbitrators to issue an order for the security of costs….
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…
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…