…Cate, “The Costs of Consistency: Precedent in Investment Treaty Arbitration” on decisional burdens). The duty is not one of result (adopting the solution) in a consistent line of cases. The…
…to arbitration, and TCL counter-claimed. In December 2010, the Tribunal awarded Castel $3.67 million in damages and $732,500 in costs (“the Awards”). TCL was also awarded almost $200,000 for its…
…achieved, some large companies—perhaps as many as half the Fortune 1,000—then want to try their commercial cases in court despite the well-known costs and risks, if only because of the…
…(see ICC Case No. 5277/RP/BGD), one preliminary award in relation to a discrete finding of fact, a final award on the merits and an award on costs. In the final…
…with respect to the provision of security, has not been complied with; and (ii) the interim measure has been revoked or suspended; and (b) if the State court finds that…
In recent years, African states have taken several initiatives to increase the protection of and legal security offered to foreign investors. However, a lot of work is unfinished and some…
…caselaw to the effect that, where a party unsuccessfully applies to set aside an Award, it should in principle expect to pay costs on a higher basis than normal, because…
…Security Council Resolution 1929, the claim against Rosboronexport constitutes an attempt to overcome the UN embargo that has been prompted by Iran’s failure to observe previous Security Council Resolutions. Because…
…the Government and the Parliament in relation to investments that are considered to affect the security, economic, environmental and social interests of the country. Investments may basically be carried out…
…reasons. First, it and the dissent in the Second Circuit urge that while high costs might implicate the doctrine, they must be arbitration-specific, such as filing fees, arbitrators’ costs, and…
…of a case creates an incentive for governments to concede to investor demands to avoid costs. Another, more fundamental legal concern with the ISDR regime is that it empowers foreign…
…staggering costs of launching a lawsuit mitigate against frivolous actions, with the investor putting “a fair amount of money at risk”. No doubt the legal costs of investment arbitration are…
…the expression ‘cautious about disclosure’ to better reflect the state of affairs. According to third-party funders, if for any reason the conflict of interests, transparency, adverse costs, or security for…
…arbitrator selection, as well as reduced costs. Organizations that provide collective representation for parties, such as the OECD or the Corporate Counsel International Arbitration Group, should realize that their constituencies…
…v. CGI Information Systems and Management Consultants Inc (2009 ONCA 642) that that an order for security for costs did not constitute an award under the Ontario Arbitration Act. Courts…
…enforcement of a trilogy of DIFC-LCIA awards – one on liability and two on costs (all forming part of the same reference) – rendered by a Sole Arbitrator in London…
…most circumstances to present counter-witnesses and further prepare for the hearing. In addition to the above, the use of depositions undeniably raises costs in the procedure, and thus here too…
…arbitrators awarded costs against one party, even though the arbitration clause provided that each party would pay its own costs and fees. The Second Circuit affirmed the award. Although Martinez-Fraga…
…You agree to be liable to the Bank for any loss, costs, or expenses, including, without limitation, reasonable attorneys’ fees, the costs of litigation, and the costs to prepare or…
…for costs on the basis that counsel on the other side had multiplied the proceedings “unreasonably and vexatiously”. The judge imposed costs on the opposing counsel and noted that, where…
…that legal costs incurred by respondent-state parties are usually much lower than costs incurred by claimant-private parties, partly because a claimant bears a greater burden in presenting and proving its…
…to use funding. This is especially true as a growing number of funded clients are those looking for better cash flow options or strategies to keep certain costs off the…
…award (the “final Award”, together with the first Award, the “Awards”) in January 2011 in the amount of US$824,663.18 together with interest and costs. In April 2011 DKN commenced enforcement…
…general consensus reported by the survey. Most of those responding said they believe that tribunals should award costs to the prevailing party (80%); that the IBA Rules on the Taking…
