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Annulment, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Commercial Arbitration, Costs in arbitral proceedings, Due process, International arbitration

The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration

Paul Friedland (White & Case LLP)/September 13, 2011 /Leave a comment

White & Case

The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users of and commentators on international arbitration.1)See, for…

Anti-arbitration, Appointment of arbitrators, Arbitrators, Costs, Dispute Resolution

Anti-Arbitration: It’s Not Hard to Mediate During Arbitral Proceedings

Michael McIlwrath (MDisputes)/September 13, 2011 /Leave a comment

…and difficult endeavor, fraught with the risks of prejudicing the tribunal and adding costs and delay. Trust me, if mediation were either hard or added any serious costs, the last…

Arbitration, International Legal Theory and Teaching, Legal Practice

Legal Education in the 21st Century

J. Martin Hunter (Essex Court Chambers)/August 14, 2011 /2 Comments

Institute for Transnational Arbitration (ITA)

…tuition costs. The full effects of this have yet to be seen and analysed. However, it can be predicted with some confidence that increasing student demands, together with the requirements…

Arbitration, Arbitration Awards, Asia-Pacific, Enforcement, New York Convention, Set aside an arbitral award

Options Available To An Unsuccessful Party In An Arbitration

Darius Chan (Norton Rose Fulbright)/August 12, 2011 /Leave a comment

YSIAC

…security of costs, which was granted by the English High Court. Glory of Wealth Shipping failed to furnish security, leading to a dismissal of their application without a hearing on…

Arbitration Awards, Commercial Arbitration, Domestic Courts, Legal Practice

The right to a tribunal appointed expert

Georg von Segesser (von Segesser Law Offices)/August 9, 2011 /Leave a comment

…the tribunal, the requesting party must advance the costs of such expertise; (iv) the expert evidence must relate to facts relevant for rendering of the award; and (v) the expert…

Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, Efficiency

Emergency Arbitrators under the ACICA

Andrea Sturini/August 4, 2011 /Leave a comment

…material to the resolution of the dispute; (e) provide security for legal or other costs of any party. The Emergency Rules also require that the party requesting any Emergency Interim…

Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation

Anti-Arbitration: Answers to the Summer Quiz!

Michael McIlwrath (MDisputes)/July 22, 2011January 7, 2019 /Leave a comment

…in 1925 and is now eighty-two years old. 3. Arbitration Costs: Answer (d). Costs in ICC, SCC, CAM, and DIS arbitrations are all determined on an ad valorem basis by…

Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation

Anti-Arbitration: The Summer Quiz!

Michael McIlwrath (MDisputes)/July 15, 2011January 7, 2019 /Leave a comment

…All of the above e. None of the above (3) Arbitration Costs. Which institution(s) do not use an ad valorem method of calculating arbitrator fees and administrative costs? a. ICC…

Appeal, Arbitration, Due process, Efficiency, Qatar, Sport arbitration, Switzerland

Sports Arbitration and Due Process: The Sequel

Laurence Burger (Perréard de Boccard)/July 13, 2011 /Leave a comment

…an appeal withdrawn after the appellant had failed to pay the advance on costs. I indicated that I did not know what had happened to the dispute afterwards. As it…

Class arbitration, Supreme Court, United States

The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/July 1, 2011 /4 Comments

WilmerHale

…the point, and why must parties and taxpayers bear the costs, of the countless disputes, arbitrations and litigations over the past ten years provoked by the Court’s shifting views? What…

Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, ICSID Convention, Investment Arbitration, Venezuela

Disqualification Based on Multiple Appointments—Divergence in Recent ICSID Decisions?

Andrew Newcombe (University of Victoria Faculty of Law)/June 23, 2011 /1 Comment

The four most recent ICSID disqualification decisions (Universal Compression v. Venezuela, OPIC Karimum v. Venezuela, Tidewater v. Venezuela and Urbaser v. Argentina) have unanimously rejected applications to disqualify arbitrators on…

Costs, Costs in arbitral proceedings

CIArb Survey on Costs

Roger Alford (General Editor) (Notre Dame Law School)/June 16, 2011 /Leave a comment

…The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each…

Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICSID Convention, Investment protection

Pakistan Enacts A Statute To Implement The ICSID Convention

Laurence Burger (Perréard de Boccard)/June 16, 2011 /Leave a comment

…sell assets, as long as such assets are not related to defense and national security. High Court decisions can be appealed. However, in execution matters, the grounds of appeal are…

Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration clause

Costa Rica Has A New Arbitration Law

Dietmar W. Prager (Debevoise & Plimpton LLP)/June 4, 2011 /5 Comments

American Society of International Law (ASIL)

…for international arbitration over the next decade. Costa Rica has much to recommend itself as a seat: political stability, legal security, a sophisticated judiciary and bar, active arbitration institutions, good…

Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law

New Hong Kong Arbitration Ordinance comes into effect

Justin D'Agostino (Herbert Smith Freehills)/June 1, 2011 /Leave a comment

Herbert Smith Freehills

…parties from frustrating any interim measure. Separately, arbitral tribunals seated in Hong Kong are empowered inter alia to award security for costs and direct the discovery of documents or delivery…

Actual expenditure, Arbitration, Damages, Damages experts, Expert evidence

On quantifying known unknowns

Anthony Charlton (FTI Forensic and Litigation Consulting)/May 26, 2011 /Leave a comment

…of rejecting a claim outright, tribunals have sometimes only awarded the claimant the amount of its investment or its “sunk” or “wasted” costs.; Some commentators (and indeed some arbitrators) consider…

BIT, Investment Arbitration, Pre-arbitration Dispute Settlement Procedures

Negotiation Clauses in BITs – Empty Words?

Claudia Ludwig (Herbert Smith Freehills LLP)/May 24, 2011 /Leave a comment

Herbert Smith Freehills

…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…

Asia-Pacific

Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims

Darius Chan (Norton Rose Fulbright)/May 23, 2011 /Leave a comment

YSIAC

…[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…

Appeal, Arbitration, Principle of finality, Review on the merits

Is The Principle Of Finality “Losing Its Appeal”?

Alejandro I. Garcia (Herbert Smith Freehills LLP)/May 18, 2011 /1 Comment

Herbert Smith Freehills

…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…

Annulment, ICSID Convention, Investment Arbitration

Reconsidering ICSID Awards

Tai-Heng Cheng (New York Law School)/May 11, 2011 /Leave a comment

Institute for Transnational Arbitration (ITA)

…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…

Costs

Some Cost Consensus?

Nicolas Ulmer (Budin & Associés Avocats)/May 4, 2011 /2 Comments

…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…

Arbitration, Costs, Europe, Switzerland

Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/May 1, 2011 /1 Comment

…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…

International arbitration, New York Convention, North America, United States

New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/April 18, 2011 /3 Comments

WilmerHale

…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…

Arbitral seat, Arbitration, Arbitration Institutions and Rules

The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?

Justin D'Agostino (Herbert Smith Freehills)/April 15, 2011 /Leave a comment

Herbert Smith Freehills

…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…

Kluwer Arbitration Blog

Search Results for: security for costs

The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration

Anti-Arbitration: It’s Not Hard to Mediate During Arbitral Proceedings

Legal Education in the 21st Century

Options Available To An Unsuccessful Party In An Arbitration

The right to a tribunal appointed expert

Emergency Arbitrators under the ACICA

Anti-Arbitration: Answers to the Summer Quiz!

Anti-Arbitration: The Summer Quiz!

Sports Arbitration and Due Process: The Sequel

The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors

Disqualification Based on Multiple Appointments—Divergence in Recent ICSID Decisions?

CIArb Survey on Costs

Pakistan Enacts A Statute To Implement The ICSID Convention

Costa Rica Has A New Arbitration Law

New Hong Kong Arbitration Ordinance comes into effect

On quantifying known unknowns

Negotiation Clauses in BITs – Empty Words?

Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims

Is The Principle Of Finality “Losing Its Appeal”?

Reconsidering ICSID Awards

Some Cost Consensus?

Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration

New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration

The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?