Constitutionalising Investor Rights
…and otherwise than in the interests of national security no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the…
Search Results for: security for costs
THE HUNT FOR FUNDING
…costs. By sunk costs I am referring to the amount already spent on the investment. It is this number that is truly the magic number since, at the very least,…
HKIAC Administered Arbitration: New Rules for the New Lunar Year
…security for costs, (given that section 56 of Hong Kong’s new Arbitration Ordinance empowers the tribunal to order a Claimant to give security for the costs of the arbitration); or…
Arbitrating Competition Law Disputes: a matter of policy?
…evidence required to form a view on them may well speed the process overall and minimise the costs of making the case. 3. Competition claims are often multi-jurisdictional and may…
Discounted cash flows – Part 2, valuation and the financial crisis
…forecasts of future cash flows. The model should include, in cash terms, all revenues, direct and indirect costs, capital expenditure, working capital movements etc. Since we are only interested in…
Arbitration Awards, draft Restatement, Enforcement, European Convention on International Commercial Arbitration 1961 (ECICA), Federal Arbitration Act (FAA), forum non conveniens, Inter-American Conventions, New York Convention
December Surprise: New Second Circuit Ruling on Forum Non Conveniens in Enforcement Proceedings
…in foreign capitals, and drawn U.S. courts into a politically charged dispute about energy security in Europe. See Brower, supra. At a high level of generality, the alignment of parties…
Key Developments in Relation to Arbitration in Dubai
…US$ 7.2 million plus interests and costs.9)A copy of the order is available here. Secondly, on 31 October 2011, Dubai Law No 16 of 2011 (Law No 16), passed primarily…
Growing number of countries allowing exclusion agreements with respect to annulment warrants greater scrutiny of arbitration clauses
…the remedy of annulment. If enforcement proceedings are expected to be initiated in a number of countries, the investment of time and costs associated with multiple challenges to enforcement is…
Ecuador Appeals Court Affirms Lago Agrio Judgment
…in the judge’s decision at the first instance, and Chevron was condemned to pay trial costs for manifest bad faith, notorious and obvious; so much so that now suffice it…
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, Class arbitration, Due process, Foreign Investment Law, ICSID Convention, Investment Arbitration
Mass claims and the distinction between jurisdiction and admissibility (Part II)
…objections to the majority’s decision. Most importantly, it states that the Tribunal “faces two glaringly insuperable obstacles that prevent it from taking jurisdiction”. First, the investors’ security entitlements are not…
Appeal, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Commercial Arbitration, International arbitration, International Courts, Jurisdiction of the arbitral tribunal, National Arbitration Laws, Russia
Recent Swedish Ruling on Arbitrability
…amount with interest thereon and compensation for costs. The Russian Borrower turned to the Svea Court of Appeal and requested, inter alia, a declaration that the award was invalid on…
Women in Arbitration: Lots of Talk, Any Changes?
…order to get fresh ideas and truly rein in costs – but also to diversity. Many in-house counsel are women. How many of them are in the position to choose…
Controlling Time and Costs in Arbitration: A Progress Report (Part 2 of 2)
…all costs. Where, then, do I end up, in my progress report on efforts to control time and costs? It is to recognize that the hardest tasks lie ahead. I…
Controlling Time and Costs in Arbitration: A Progress Report (Part 1 of 2)
…critical task of controlling time and costs in international arbitration. This Part 1 focuses on the good news about various institutional reforms by the ICDR, ICC and ICSID that already…
Arbitration Institutions and Rules, Arbitrators, Efficiency, ICC Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure
First aid in arbitration: Emergency Arbitrators to the rescue
…addressing this concern by giving emergency arbitrators the power to require the applicant to provide “appropriate security” as a pre-condition for the granting of relief (e.g. Appendix V, Article 6(7)…
Anti-suit injunction, Arbitral seat, Domestic Courts, EU Regulation 44/ 2001, European Union, Jurisdiction, Lis Pendens, New York Convention, Parallel Proceedings
Barring the Courthouse Door? Anti-Suit Injunctions in International Arbitration
…proceedings create delays, inefficiencies, costs, and also the uncertainty that you may end up with conflicting decisions. That is what anti-suit injunctions are supposed to stop. Some recent European developments…
Anti-Arbitration: 10 Things To Do Before The Arbitration Gets Underway
…documentation, interviews with witnesses, and discussions with potential experts. It should give a party an early sense of probable outcomes and costs of the arbitration, which may also force more…
State of Necessity, a three-star Michelin standard in Investment Arbitration
…would be his ruin; whilst something else, which looks like vice, yet followed brings him security and prosperity. 2)Niccolo Machiavelli, The Prince, Chapter XV, Concerning things for which men, and…
Setting aside an international arbitration award based on deficient pleadings
…the contract lawful, an award of damages to Kempinski Hotels was not possible. The arbitrator also made a costs awards after requesting for submissions on costs. Kempinski Hotels took out…
Third Party Funding – Maintenance and Champerty – Where is it Thriving?
Third party funding probably has its longest history in Australia, followed by the United Kingdom. The irony is that both of these are common law jurisdictions in which the legal…
Third Party Funding – Investment of the Future?
…also cover the costs of the winning party, which in large part may depend on the agreement involved and the norm of the applicable jurisdiction. In the United Kingdom, for…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, BIT, Class arbitration, Due process, Efficiency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Public Policy
Mass Claims and the distinction between jurisdiction and admissibility
…The Tribunal held that the Claimants’ security entitlements in Argentinean bonds are investments for the purposes of Article 25, ICSID Convention and protected under the Argentina-Italy BIT. Another controversy arises…
The Pyramid Enforcement Scheme
…itself to the German businessman’s St. Petersburg-based private security company. Since 1998, Mr. Sedelmayer has made a second career out of enforcing that arbitral award. By his estimate, he has…
Arbitration Proceedings, Disclosure, Expedited arbitration, ICC Arbitration, International arbitration, Multiple parties
Briefing note on ICC Rule changes
…Furthermore, the amended rules make it clear that the parties’ conduct of the arbitration will be a factor to be taken into consideration when making a costs award. These amendments…