…protection and security, the principle of national treatment, or illegal expropriation of their business and assets, among others. All these rights are at the center of international investment law and…
…this participation, which is implicit in the very nature of corruption, it appears fair that the Parties share in the costs» [see Metal-Tech Ltd. v. Republic of Uzbekistan, ICSID Case…
…a State’s prerogative which is recognized well under the international law, unless the tax is arbitrary and blatantly discriminatory. Full Protection and Security The Draft BIT did not have “protection”…
…jurisdiction, the Department of Commerce’s Bureau of Industry and Security (“BIS”) administers export and re-export restrictions on Cuba consistent with U.S. policy. All the items that are subject to the…
…At least parties will not be alone in suffering the costs of delay. In fact, it somewhat begs the question: don’t all arbitration institutions, including the ICC, already take into…
…464) Costs claim In the presently prevailing circumstances, the ICSID Tribunal found it appropriate to allocate costs on the basis of the loser-pays principle. This being said, the Tribunal decided…
By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International…
…are heavily used. This can be explained by the high costs involved, the sensitivity and importance of the energy sector, and the significant involvement of governmental bodies (i.e. regulators) and…
…of submitting the claim. Finally, Article 28 provides that costs will be allocated following the “costs follow the event” principle. These provisions are very welcome in investment arbitration. On the…
…against those who claim that greater transparency necessarily entails administrative costs for a tribunal, and consequently burdens the parties with additional costs, and may generate delays in the whole resolution…
…increased focus on timing and costs, as well as predictability, in arbitrator decision-making. We don’t need an oracle to tell us that these developments portend changes in international arbitration’s future….
…using the Redfern schedule. This, Abi-Saab argued, was the result of the “increasing Americanisation of procedures”. American law firms, he argued, have increased the costs of arbitration, making it a…
…security” interests, while still affirming substantive protections, by placing certain limits on the exercise of essential security measures. Although the broad essential security provision may remain in TPP, the United…
…to justice for those who are financially incapable of bearing the costs of an arbitration proceeding, the funded party will most certainly benefit from limiting the potential losses of an…
…of international oil companies concerning taxes against State entity PetroVietnam, and the tribunal ordered the claimants to reimburse PetroVietnam’s costs of the arbitration in full. In each instance the Government…
…to arrange suitable facilities for public hearings and to organise the necessary support and security. Physical access is however not necessary for a meaningful right of public access. Investment arbitrations…
…Hong Kong courts to award indemnity costs against applicants who were unsuccessful in resisting enforcement of New York Convention awards. Under general principles, an indemnity costs order is penal in…
…common law countries is that limiting discovery prevents them from finding the truth. The major concern of practitioners from civil law countries are the costs related to document production. The…
…Rules, the Decision on Costs of Arbitration, and the list of arbitrators are not available in English language. Finally, there is no easily accessible model clause, nor are there any…
…may raise certain issues as to the bias of arbitrator(s). A better solution would be to follow the usual arbitral practice of paying the initial costs by both parties in…
…and other areas, in order to make international arbitration a useful mechanism to combat cross-border corruption and preserve its main feature of giving international trade and investment security and certainty….
…or the decision on costs, which were already part of the arbitrators’ inherent powers. It is not referred either to ex parte contacts between counsel and arbitrators, or the subsequent…
…Iraqi law alone. In this regard, many foreign companies are still hesitant to provide FDI to Iraq, because of fears that the security situation is too unstable in Iraq. Notably,…
…its obligation to accord the investor fair and equitable treatment, and it (iii) directed Lithuania to compensate to the investor 80 percent of the arbitration costs. The recognition and enforcement…
