…should not only condone illegality in the award but should also take it into account in the allocation of costs. The last panelist, Carolyn B. Lamm, commented on at least…
…sophisticated arguments on the allocation of the costs. The only well recognized principle in costs allocation is that Arbitral Tribunals have discretion on decisions on costs. As a result, the…
…of knowledge but culminating in independence for the local institution. Mohamed Abdel Raouf addressed the issue of costs, which has been the focus of institutions for some time. Supporting the…
…selected, to the procedures for adducing evidence, to the availability of interim relief, to how costs and fees are awarded. Selecting the right arbitrators, in other words, has profound implications…
…the tribunal may not have acted with adequate efficiency and effectiveness in dealing with a recalcitrant respondent, the tribunal chose to impose “exemplary costs towards its fees” as a penalty…
…the re-opening of issues would delay the resolution of the dispute, increase costs and add complexity. In fact, if earlier decisions in a fragmented arbitration are open to review as…
…the security blanket of business development and cross-border relations between parties to international agreements. Equally evident is that with the increase in international arbitration, there have been continual challenges to…
…of the parties. The reason for permitting consolidation in arbitration has to be justifiable within the framework of arbitration, not litigation. Usually efficiency and saving costs and time are mentioned….
…Court had considered the challenge of a CAS award withdrawn after the appellant had failed to pay the advance on costs, and the second one where the Supreme Court considered…
…value. This is arguably the most reasonable of the alternative default clauses to an outright forfeiture provision. (iii) Enforcement: the NDPs elect to enforce a mortgage and security interest on…
…award costs and reasonable expenses (including reasonable-fees of counsel) to the Party (ies) that substantially prevail on merit. The provisions of Indian Arbitration and Conciliation Act, 1996 shall apply. (emphasis…
…jurisdiction, first by deciding on the costs relating to proceedings before another tribunal, namely the Greek court, and, second, by awarding hypothetical costs for future court proceedings. The Supreme Court…
…seek to cut costs and are keen to render the arbitral process more efficient. However, is an across-the-board effort really being made? Or are some practitioners sticking their heads in…
…Nations Security Council resolution 817 (1993)”, that is, by the name Former Yugoslav Republic of Macedonia. It turned out, however, that Greece had voted against Macedonia’s admission into NATO during…
…full protection and security: “The full protection and security standard does not imply…a better treatment to that accorded to nationals of the Contracting Party where the investment has been made.”…
…was related to Hurricane Katrina and so the award of public assistance would be 40% of proven costs for mold remediation minus insurance for mold damage. In the Matter of…
…it is used. ICC Techniques for Controlling Time and Costs in Arbitration (2007, revised 2012): This document contains very practical recommendations aimed at reducing time and costs, which are one…
…the increasing use of third-party funding; and (3) the rising costs of international arbitration (which seems in the meantime to be a standard concern in international arbitration). The first area…
…threatened loss of the security that was provided for the purported debt (see Article 252(1)(c)). Irrespective of the foregoing, the Abu Dhabi Court of Cassation’s ruling is a welcome confirmation…
…Uzbekistan had also participated in the corrupt conduct through the allocation of costs. Rather than finding that “costs follow the event”, the tribunal ordered each party to bear its own…
…to have a second bite at the cherry in putting its factual case only to find (after incurring the costs of doing so) that its application will not be entertained…
By Luke Eric Peterson There’s perennial discussion in the arbitration world as to the definition and legal implications of corruption in the context of international arbitration – including for example…
…costs [hyperlink to https://kluwerarbitrationblog.com/blog/2012/10/29/the-loser-pays-it-all-hong-kong-court-of-appeal-confirms-principle-of-indemnity-costs–for-failed-set-aside-application/] now stands as the law in Hong Kong on the usual basis for costs in unsuccessful set aside applications. This decision reinforces, once again, the emphasis…
…the sole fact that a measure increases costs for investors does not give rise in itself to a finding of expropriation, and providing moreover that legitimate public policy measures taken…
