…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…
…proceeding is a shortening of deadlines for several procedural acts. With regard to the costs of the proceeding, two amendments deserve to be mentioned: The Registration Fee was decreased to…
…or, at least, being second guessed which leads him/her to “leave no stone unturned” necessitating increased legal costs to the client (and profits to the firm). Competing interests! As between…
…cases, 300 pages. As international investment disputes continue to “mushroom” (UNCTAD, 2012), it is important for the arbitration community to think of ways to maximize efficiency and reduce costs. The…
…of increased costs and inefficiencies. There needs to be a way to prevent vexatious breaches of arbitration agreements by parties who commence litigation as a tactic to delay and to…
…costs and time in cases where the respondent raises very weak defenses to a claim. Recent revisions to arbitral rules also facilitate consolidation and joinder of parties – a common…
…agreement or have conflicting clauses on jurisdiction, or when the arbitration agreements seem incompatible (different time limits to render the award, different provisions on arbitration costs, different majority rules, a…
…on the merits and an award on costs. In the final award, the ICC tribunal awarded the Claimant, la Compagnie Française d’Entreprises S.A (CFE), several million US$ for outstanding payments…
…may include, but are not limited to, assessment of Arbitration fees and Arbitrator compensation and expenses; assessment of any other costs occasioned by the actionable conduct, including reasonable attorneys’ fees;…
…“arbitration costs” and “arbitration expenses” haphazardly and do not provide a definition of what type of costs it is that the Tribunal is ultimately empowered to award to a prevailing…
…would have resold the goods as USD 1,050 pmt. It also deducted assumed financial costs and a credit insurance premium, producing a claim for lost profits totalling USD 2,288,162.54. X…
…as mediation and arbitration. Well-run banks will normally be in possession of collateral security before money is made available to lenders or other customers and also the interest rates were…
…negotiations are terminated by the state? Would the investor only be able to recover its costs or could the state also be liable for the investor’s lost profits? The recent…
…witness statements submitted to arbitration, including the deliberations of the tribunal, unless disclosure is required by law or agreed upon in writing by the parties (Article 33). Costs Another entirely…
…involves costs similar to those in a regular ICSID proceeding. For this reason, when an annulment request is filed, some opposing parties prefer to reach an early settlement for a…
…Capital rather focused on non-diplomatic assets, i.e., monies related to tax, social security and oil royalty claims owed by French companies to Argentina through their local branches. The French Supreme…
…January 2013, para. 10) Additionally, it must be pointed out that statistics show that bifurcation does not, in fact, lead to reduction of time and costs. As noted by one…
…the dilator tactics of a party; the costs of the parties; etc. The new CEPANI arbitration rules will apply to all requests for arbitration submitted as of 1 January 2013….
…made public under the treaty or under the law of the respondent state, or any other applicable laws, where it would be contrary to the essential security interests of a…
