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…
Search Results for: security for costs
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?…
Recognition and Enforcement of Foreign Arbitral Awards in Russia revisited: the case of Hipp GmbH & Co. Export KG (Austria) v. OOO SIVMA Detskoe Pitanie & ZAO SIVMA (Russia)
…and the ZAO jointly had to pay approximately 4,271,060 Euros, as well as interest and procedural costs, to Hipp. Hipp filed a request for recognition and enforcement of this arbitral…
Kicking (all) the Tyres
…involves the funding of legal costs by an individual or commercial funder not connected to proceedings, in return for a share of the eventual proceeds. Whereas the old common law…
“Waiter, I did not order this! – The Arbitrator and the Evidentiary Excess”
…of potential claims for compensation of costs. The application of the principle of “costs follow the event” can lead to inequitable results in these cases, presenting the losing party with…
Kosovo and Arbitration – The Birth of a New State
…offers investors substantive protection, relying on terminology that is well known from international investment treaties. Examples include provisions on fair and equitable treatment, and full and constant protection and security….
Appointment of arbitrators, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, ICC Arbitration, National Arbitration Laws, Partial award, Set aside an international arbitral award
Challenges: Do Institutional Rules matter? The situation after Tecnimont II
…further increase the time and costs of the arbitration, as such an evolution would imply that the parties be granted a reasonable opportunity to present their views before the institution….
Question Mark on the Arbitrability of Disputes Arising out of Public Contracts in Brazil
…of the new underground line and sought compensation from Metrô for the additional costs incurred. After a dispute board recommended Metrô to compensate the Consórcio, the matter was referred to…
The Instant Cost Order
…the legal and other costs of the parties. The arbitration costs, i.e., arbitrators’ fees, administrative charges of arbitral institutions, and hearing facilities will add to the total cost of an…
Arbitration Institutions and Rules, Arbitrators, Suggestions to improve transparency and access to usable data
Anti-Arbitration: A Modest Proposal for Standardized Performance Metrics
…referred 80% of its cases to mediation and 50% of those settled, this would be attractive to many parties. • Costs. Institutions should report objective data about how much parties…
Do Costs Matter?
…of the breach (i.e. fixed costs). In the case of semi-variable costs, ascertaining which parts of those costs are fixed and which parts are flexible can be a difficult exercise,…
Are unilateral appointments defensible? On Jan Paulsson’s Moral Hazard in International Arbitration
…that tribunals sometimes attempt to compromise. But such instances are limited, and such compromises are generally reached on the allocation of costs, an area in which tribunals enjoy a fair…
BIT, Europe, European Law, Investment Arbitration, Other Issues, Vienna Convention on the Law of Treaties
The European Commission’s Opposition To Intra-EU BITs And Its Impact On Investment Arbitration
…certain speakers criticized the Commission’s position and stressed the importance of access to arbitration in the build-up of a European area of freedom, security and justice. However, the recently reported…
Is the System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (AbitibiBowater, Chemtura, First Quantum Minerals)?
…Cdn $3 million to cover one-half of its fees and costs in connection with the arbitration (para. 273). The result shows that – contrary to the concerns raised by critics…
A Brief Comment on the “Public Statement on the International Investment Regime”
…claim. All of Chemtura’s claims with respect to the regulatory treatment of lindane, a pesticide primarily used on canola seed, were rejected. Chemtura was ordered to pay the costs of…
Bilateral Investment Treaty Protections And Not-For-Profits: Practically, Is It Worth It?
…involved) as to justify the rising costs of arbitration. Therefore, it is likely a possible good route for NGO’s to consider in the sense of an added protection, but practically…
Zimbabwe’s Hitting the Arbitration Headlines
…Switzerland and Germany by failing to provide fair and equitable treatment and full protection and security. While it is evident that there is some groundswell of resistance to Zimbabwe’s land…
LCIA India Arbitration Rules – First Impressions
…providing parties with an extremely attractive framework of arbitration costs. This post focuses on this key aspect of costs, and how the Rules have the potential to bring about a…
More on Corporate Criticism of International Arbitration
…arbitration “takes too long” (with 56% of those surveyed strongly agreeing) and “costs too much” (with 69% strongly agreeing). Three main questions arise from these criticisms. The first is whether…
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, Costs in arbitral proceedings, Disclosure, Domestic Courts, United States
Can Discovery Costs be treated as Arbitration Costs?
…Discovery costs would be treated as costs of the arbitration. The ICC rules, with respect to costs, provide in Article 31(3) that “The final Award shall fix the costs of…