Negotiation Clauses in BITs – Empty Words?
…possible while the arbitration proceedings are pending, the fact that the commencement of the proceedings, at least in the event of an ICSID arbitration, is publicised and that costs have…
Search Results for: security for costs
Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims
…[2006] SGCA 25, albeit in a different context concerning the recovery of costs by a successful litigant against an insolvent company in liquidation. Indeed, in the present case the Court…
Is The Principle Of Finality “Losing Its Appeal”?
…of an institution which provides for such a mechanism. This option has some potential drawbacks, for example, the costs and length of the proceedings will increase and, in some highly…
Reconsidering ICSID Awards
…or “reasonably acceptable” reasons. Critics pointed out that this low standard would lead too easily to annulling an award, delaying finality, and increasing the costs of dispute resolution. This criticism…
Some Cost Consensus?
…that costs follow the (substantive) event—this would introduce the concept of running procedural costs, unrelated to whether the party running up these costs prevailed on the merits. The second point…
Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration
…a party that does not pay its share of the advance on the arbitration costs requested by the arbitral tribunal risks to lose the benefit of the arbitration clause. The…
New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration
…an action to attach property in a forum as security for a judgment being sought in another forum, even where the property owner had no other contacts with the forum…
The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?
…arbitration proceedings, the costs to the financial institution for resolving these relatively small claims through the FDRC are more proportionate to the claim amount and significantly lower. Further, there are…
The European Advocate General Supports BIT Obligations in EC v. Slovakia Case
…Swiss company (“ATEL”) and a State-owned network operator in Slovakia (“SEPS”). Pursuant to the contract, ATEL paid a considerable amount of construction costs for a line from Poland to Slovakia…
Anti-arbitration, Arbitration Agreements, Corporate Counsel's view, Costs, International arbitration
Anti-Arbitration: Feedback on Your Recent Pitch
…this topic comes up a lot in your pitches to in-house counsel, given the amount of time you spent discussing how you could help us “save” on costs. You might…
Swiss Appeals, Swiss Efficiency
…orders that all of the Court costs and security be paid over—which is what happened here. In the rare cases where an appeal is successful Court costs and attorneys fees…
Dallah and the New York Convention
…longer existed) – after which Dallah commenced an ICC arbitration against Pakistan (in May 1998), seeking to recover substantial costs it had incurred in connection with the Agreement. Pakistan resisted,…
Swiss Embargos and their Impact on Contracts Governed by Swiss Law Illustrated by the Swiss Sanctions against Iran
…multiple of the above amount. In June 2010, the United Nations Security Council adopted new and tighter sanctions against Iran aiming at stopping Iran’s nuclear program (UN Security Council’s resolution…
Arbitration Act, Arbitration Proceedings, Asia-Pacific, English Law, Jurisdiction, UNCITRAL Model Law
Reaching A Settlement Before the Arbitration Hearing
…and to resolve issues of costs or any other matters in dispute”. That jurisdiction was otherwise not statutorily limited, and neither did parties preclude or limit such jurisdiction in their…
Sports Arbitration and Due Process
…on costs. Counsel for appellant replied that the advance on costs would be paid shortly. On 12 November 2008, the advance on costs having not been paid, the CAS send…
The Born Supremacy: Review of International Arbitration: Cases and Materials
…guided by the law of inertia. They are objects at rest who resist change at almost all costs, particularly when it comes to changing casebooks after years of teaching. It…
SIAC Arbitration: Some Strong 2010 Numbers and an App…
…Indonesian party and a Chinese party. Last but not least, for those of us who want to study the 2010 SIAC Rules on the go, calculate the estimated costs of…
Mediator-arbitrators: the perfect match or no love lost? (A Valentine’s Day Blog)
…as to the capacity in which the arbitrator / mediator is acting. The costs of the mediation must also be considered – including whether or not arbitrators should be remunerated…
The Impact of Dallah
…for pursuing an application for security under section 70(7) of the Arbitration Act 1996. Secondly, the decision is an indication of how the Supreme Court judgment in Dallah Real Estate…
Summary Dismissal under ICSID Arbitration Rule 41(5) – The Global and RSM Awards
…in the arbitration were manifestly without legal merit within the meaning of Rule 41(5). (Global paras. 56-58) The tribunal declined, however, to issue an award on costs, finding that, “given…
What does Hong Kong’s new look Arbitration Ordinance mean in practice?
…are empowered inter alia to award security for costs and direct the discovery of documents or delivery of interrogatories – retaining the ‘general powers’ of an arbitral tribunal provided under…
Choosing the Weathered Veteran or the Young Buck?
…high. These costs are too high because proceedings can be dragged out for excessive lengths of time. The arbitrators are too busy. The costs are also too high for the…
Anti-Arbitration: A New Year’s Resolution to Leave Worst Practices Behind
…“early case assessment” (ECA) even before proceedings may have been initiated. A well-done ECA will estimate the probable outcomes and costs associated with resolving the dispute through arbitration, as well…
BIT claim or Contract Claim?
…It can definitely create more public pressure, but at what costs? Is it merely that the attorney is not thinking of the business aspects and practical concerns for the client?…