Arbitration Reform In India: A Look At The Hong Kong Model
…proceedings an issue dealt with in an arbitration, it will pay costs on an indemnity basis unless special circumstances exist. Further, in Hebei Import & Export Corp v Polytek Engineering…
Search Results for: security for costs
Arbitration Awards, Emergency Arbitrator, Energy Charter Treaty, Enforcement, Investment Arbitration, Ukraine
Enforcement of the JKX Oil & Gas Emergency Arbitrator Award: A Sign of Pro-arbitration Stance in Ukraine?
…natural gas consumption,” i.e. that enforcement of the awards would threaten energy security of Ukraine. The Supreme Court also noted that in the course of arbitration proceedings Naftogaz acknowledged that…
Arbitral Award, DIFC, Domestic Courts, forum non conveniens, Recognition and enforcement of arbitral award, United Arab Emirates
The DIFC Courts stand firm on their status as a “host” jurisdiction for the recognition and enforcement of domestic non-DIFC awards
…(iii) the award was rendered after the contractually prevailing time-limit, and (iv) the award improperly made provision for legal costs. This claim was contradicted by the evidence on record and…
Arbitrators, EU Permanent Court, Investment, Investment agreements, Transatlantic Trade and Investment Partnership, Treaty
TTIP: The French Proposal For A Permanent European Court for Investment Arbitration
…measures aiming at enhancing health or environment protection or security do not amount to indirect expropriation; • provisions safeguarding States’ power to sanction foreign investors for violation of national laws…
Asia-Pacific, Commercial Arbitration, Domestic Courts, Enforcement, International arbitration, Investment Arbitration, Recognition and enforcement of arbitral award, Singapore, Singapore International Commercial Court
Should Court Actions Arising Out of International Arbitration Disputes Be Heard At the Singapore International Commercial Court?
…of expert opinions, which saves costs. The SICC also permits, in certain circumstances, foreign lawyers to appear before the SICC and, thus, foreign counsel could follow a dispute from arbitration…
Arbitration, Arbitration clause, Australia, Free Trade Agreements, International arbitration, Investment Arbitration, Transparency
Weighing in on the Debate about the Future of ISDS in Australia: the Productivity Commission’s 18th Trade and Assistance Review
…potentially “substantial” costs of Australia’s defence of the only ISDS claim brought against it to date (against tobacco plain packaging). The Commission argues that “[t]he open-ended nature of these costs…
Seconded To The LCIA: The View From Here
…Worshipful Company of Arbitrators Annual Master’s Lecture and WilmerHale’s Scholar-in-Residence Seminar 2015. Below I set out an overview of the challenges, both internal (arbitrators, costs and duration, and legal secretaries)…
To Pay or Not to Pay: A Lesson from the Pre-Paid Legal Services v Todd Cahill
Non-payment of the share of an advance on costs in arbitration has consequences on an arbitration agreement, arbitration proceedings and a possibility for the parties to have recourse to courts….
Does The “Culture” Of International Arbitration Serve Its Users?
…use of only one round of submissions and simultaneous exchange to save on time and costs. – Witnesses: Use of witness statements, party-appointed experts and questioning at the hearing by…
Cost allocation mechanisms, Counsel, Counsel conduct, Emergency Arbitrator, International arbitration
Arbitration 2015: The Best of Times or the Worst of Times? A Debate
…finally, a prophecy: Lamb described the arguable simplicity of sports arbitration proceedings and that certain lessons could be learnt from this (for example, time and costs savings). The motion was…
Brazil, Investment agreements, Investment Arbitration, Investment protection, ISDS, Recognition and enforcement of arbitral award
Brazil’s New Investment Treaties: Outside Looking … Out?
…they could be for investors, this amendment may have brought certainty and security to foreigners or nationals that are parties to State contracts containing arbitration clauses. Notwithstanding the above, CFIAs…
Another (Unsuccessful) Challenge to the Finality of Interim Arbitral Awards in Singapore and Enforcing DAB Decisions on International Projects under FIDIC
…argue later” principle that is crucial to the success of DABs under the FIDIC suite of contracts in resolving disputes and ensuring the security of payment on large international projects….
Arbitration, Energy, Energy Charter Treaty, Investment, Investment Arbitration, Investment protection, Investor, Italy, Russia
What’s New with the Energy Charter Treaty?
…of energy sources and routes, the role of energy trade for sustainable development, the role of the developing countries in the global energy security etc. As to the promotion and…
Arbitration Agreements, Arbitration Institutions and Rules, Commercial Arbitration, Hybrid arbitration clause, Set aside an international arbitral award, Sweden
Hybrid Arbitration Clauses Tested Again: Can the SCC Administer Proceedings under the ICC Rules?
…inevitably suffer from strategic challenges. Such challenges will entail additional costs in any case and they might result in setting aside the award. It is, therefore, only a matter of…
Belarusian Courts on Granting Post-Award Interest
…to the claimant the principal debt for the goods delivered, the costs of arbitration and the compound interest in the amount of 5% per annum. The Supreme Economic Court limited…
Croatia, Enforcement of an arbitration clause, Mediation, Multi-tiered clauses, Pre-arbitral procedure
Enforceability of Mediation in Multi-tiered Clauses: the Croatian Perspective
…to appoint a new tribunal, as would be the case if the proceedings are terminated. Also, costs will be reduced since the aggrieved party will not have to pay any…
Arbitration, Consent, Domestic Courts, obligation to arbitrate, Procedure, Stay of Proceedings, United States, Waiver
Waiving the Right to Arbitrate in the United States: Should the Prejudice Requirement be Discarded?
…allege waiver. Second, the prejudice standard imposes systemic costs. The desirability of the U.S. as an arbitral seat is not helped by a non-uniform interpretation of the FAA. Yet introducing…
UAE Court Annuls Award and Stresses Strict Compliance with Law
…an agreement to forego proceedings in the UAE courts and the security afforded through litigation”. Signature of the award Arbitral awards in the UAE have to be signed (Article 212(7)…
Restrictive Tendencies in Hungarian Arbitration Law – Arbitration Agreements Are Not Enforceable Against Companies under Involuntary Liquidation
…(4) arbitration costs are higher than ordinary court fees, they must be paid upfront and there is no possibility to defer them until the final award. Both the merits and…
New Belarusian Resolution on the Recognition and Enforcement of Foreign Arbitral Awards: Is There No Rose Without a Thorn?
…Resolution No 18 has a similar provision, it does not resolve the issue on the enforcement of partial awards, preliminary awards or awards on costs that provide the final decision…
Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Best practices, Commercial Arbitration, Document Production, Due process, International arbitration, International Legal Theory and Teaching, Procedure, Uncategorized
Celebrating a Vision: Queen Mary School of International Arbitration Turns 30 and Looks Ahead to the Next 30 Years
…Luke Nottage (University of Sydney), noted the success of efficiencies in IA but the comparative lack of success in containing rising costs, even in the Asia Pacific region where costs…
From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT
…Government inter alia failed to provide protection and security to the project, its employees and their families – an obligation of the police and, primarily, the State government. The BIT…
Conference report on Wendy Miles’ keynote speech at the YAF/YAPP conference in Vienna (28 March 2015): “The Role of Young Arbitrators in the Rule of Law”
…means to resolve “without prohibitive cost of inordinate delay” bona fide disputes that the parties cannot themselves resolve. Miles referred in this context to the issue of costs, a delicate…
Arbitration of Cross-Border M&A Disputes
…agreement, a share purchase agreement, a credit agreement, a security agreement and a guarantee. If each of these documents contains a compatible HKIAC clause, the HKIAC will offer the rare…