Are All Institutional Rules Now Basically The Same?
…on the costs of the arbitration. In addition to the arbitrators’ fees, the costs of an institutional arbitration include the institutions’ administrative fees, filing fees and the costs of any…
Search Results for: security for costs
Canada, China, and the Anti-BIT
…state’s decision to “initially approve an investment that is subject to review” or “permit an investment that is subject to national security review” under its own laws. This exclusion guarantees…
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…the general approach that costs should be paid on an indemnity basis and ordered Alstom to pay costs on a party and party basis. HKIAC HKIAC introduced a number of…
The Use of Arbitration for Derivative Contracts
…to preserve assets and evidence, injunctions and security for costs. Where a party needs urgent relief before the tribunal is constituted, HKIAC can appoint an emergency arbitrator within two days…
Conflating Politics and Development?
…costs and benefits of investment treaties and dispute settlement. While it is not a comprehensive assessment of all the relative value of specific treaties, my article, Conflating Politics and Development?,…
English Courts Set Aside Award on Grounds of Serious Irregularity under Section 68 of the Arbitration Act 1996
…setting aside, as well as the ramifications, both in terms of costs, time and justice, of doing either”. He considered Merkin’s Arbitration Law review of the pre-1996 authorities which indicated…
Evolving Meaning: The Interpretation of Investment Treaties and Temporal Variations
…Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970), interpreting the Covenant of the League of Nations, which was concluded in 1919, the International…
The Launch of the 2015 Queen Mary and White & Case International Arbitration Survey
…what mechanisms could be implemented to help control time and costs of international arbitration? Access to arbitration in “low value” claims: should there be simplified procedures for claims under a…
Mongolia’s Meddling in Mining Operations will Cost it $100 Million
…Finally, Khan received full arbitration and counsel costs amounting to $9.1 million. The announcement of this award by Khan on 2 March 2015 came just days after thousands of Mongolians…
Do Arbitrators Have A Special Duty Towards Unrepresented Parties?
…favour of the claimant and a substantially increased award of costs. New counsel for the petitioner requested reconsideration of both the award and the amended award from the arbitrator. The…
Astro v Lippo in Hong Kong: Award Enforced Despite Singapore Court of Appeal’s Finding that the Tribunal Lacked Jurisdiction
…than costs that could be compensated, as a result of First Media’s delay. This is a reminder that award-debtors reach a fork in the road once enforcement proceedings are started….
To Be or Not to Be: The Practical Implications of Choosing Foreign Arbitration for Purely Domestic Contracts
…in court. Multiple proceedings or additional objections would involve increased costs and may also cause delays, which could give the relevant party time to divest itself of assets in an…
Unilateral Option to Arbitrate: Valid in the UAE?
…party a choice of forums, imposing high costs for arbitration, designating an inconvenient forum for arbitration and imposing confidentiality on the arbitration proceedings. It is submitted that, again, these concepts…
Mass Claims in Investment Arbitration- The Need of the Hour
…have even showed that the average claim may cost in the region of US$9,743,000 (Counting the costs of investment treaty arbitration, Global Arbitration Review Online News, 24th March, 2014). This…
BIT, CETA, Germany, Investment, Investment agreements, Investment protection, Investor, Transatlantic Trade and Investment Partnership
A Question of Democracy: The German Debate on International Investment Law.
…in CETA, including for the protection of national security, the environment, or public health, as well as exceptions regarding taxation and the regulation of financial markets. – Differences between constitutional…
Effects of Settlements in Investor-State arbitration
…security, national treatment or most-favored-nation treatment; the damage to the shareholders can take the form of a diminution in the value of his shares. The shareholder therefore has a right…
Introducing Litigating International Investment Disputes – A Practitioner’s Guide
…essential issues related to costs, explaining first what are the costs involved in investment treaty arbitration, and, then, who will likely have to pay for those costs, based on through…
BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK
Domestic Public Law: a Useful Critique for Understanding and Developing Investment Treaty Arbitration?
…5. While the domestic courts are presided over by independent adjudicators with security of tenure, members of an investment treaty tribunal can be selected by parties, which may lead those…
Security for Costs in ICSID Arbitration
…costs. (RSM Production Corporation v. Saint Lucia, Decision on security for costs of 13 August 2014, para. 65) The present post discusses the decision on security for costs of the…
Singapore Court Reviews Investment Arbitral Tribunal’s Decision On Jurisdiction: What Standard Should Apply As to Evidence?
…party subsequently lodge an application for review before a court, it is hoped that the court would sanction the party for knowingly withholding evidence by making an order for costs….
New Procedures for HKIAC Administered UNCITRAL Arbitration
…parties and the tribunal, saving time and costs for all involved (article 8). The 2005 Procedures were silent on the process for filing the notice of arbitration and the response…
Arbitration, Arbitration Institutions and Rules, DIFC, Dubai, Middle East, Uncategorized, United Arab Emirates
Ruler appoints new Chairman of DIAC Board of Trustees
…the determination of arbitration costs – remains under the leadership of Prof. Tarek Riad of Cairo law firm Kosheri Rashed & Riad, who is serving his second term and has…
Inoperability of Arbitration Agreements due to Lack of Funds? Revisiting Legal Aid in International Arbitration
…financial resources resulting in a loss of its rights. Legal aid generally comprises an exemption from the obligation to pay advances and provide security, an exemption from court costs, as…
Fees of the Successfully Challenged Arbitrator?
…challenged during ongoing proceedings and on his liability for frustrated costs caused by the challenge and the appointment of a new arbitrator. Further, the claimant demanded reimbursement of the costs…