Why São Paulo’s Yellow Subway Line Poses No Serious Threat
…in additional costs. A dispute arose as to which party had to cover these costs. After a Dispute Avoidance Board recommended that Metrô compensate Via Amarela for the additional costs,…
Search Results for: security for costs
20 Years of Investment Treaty Jurisprudence
…its finding that a treaty-based “full and protection security” obligation imposes an obligation of due diligence on the state and not strict liability for damages (and that this obligation is…
UNCTAD reports on latest developments in investment treaty arbitration
…can hardly be described as a trend, one might wonder whether the growing body of cases dismissing claims against host states, coupled with awards of costs against unsuccessful claimants is…
The Death of the Secondary Boycott Against Israel
…enforce a secondary boycott against Israel. Almost nine out of ten Arab countries have concluded that the costs of continued enforcement of the secondary boycott outweigh the benefits. That’s also…
Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Europe
French Courts firmly reject anti-arbitration injunctions
…abroad. In addition, the ICC Court of Arbitration had requested the Republic to pay an additional advance on costs, which the Republic might not be able to recoup would the…
Amicus Curiae Interventions: The Tail That Wags the Transparency Dog
…the costs and duration of a case, as parties are obliged to reckon with one or more amicus briefs. Whatever one’s views on the value and propriety of amicus curiae…
Ten Ways to Avoid the Americanization of International Arbitration
…adept at case management; and (10) establishing more creative fee structures for resolving disputes. These are just a few ways that one could avoid the increased costs and delays of…
Is International Investment Arbitration Undertheorized?
…and how it functions? Can we understand better the incentives, costs and benefits that motivate actors so we can align them to optimal outcomes? Ontological, epistemological, normative, empirical, methodological and…
Dispute Resolution in Abu Dhabi (Part 2) – Do We Have The Time, Or Luxury, To Rely Only On Arbitration As The Only “Alternative” in ADR?
…there needs to be a clear pathway to enforcement, in some jurisdictions the relevant arbitation law will permit appeals – allowing time to run on and further costs to be…
State Responsibility for Contract Breaches: Possible Insights from the U.S- Mexican General Claims Commission
…judicial remedies to protect the personal security of a foreigner. In numerous other opinions, however, the General Claims Commission commented specifically on when States can be liable under international law…
Does Noncompliance with Pre-arbitration Dispute Settlement Procedures Affect Awards Enforceability in Russia?
…agreement, penalty, interest and arbitration costs. The debtor did not execute this award voluntarily, and the creditor applied before the Moscow city Court to enforce the award (at that period…
Drafting International Arbitration Clauses – IBA Draft Guidelines Published
…(the authority of the arbitral tribunal and of the courts) • Document production • Confidentiality • Allocation of costs and fees • Qualifications required of arbitrators • Time limits •…
International Arbitration and Mediation: A Practical Guide
…inclusive of any preparatory work. As for how these costs are allocated, the commonly accepted rule is that, absent different agreement, the parties share equally the costs of the mediator…
Reflection on Forum Non Conveniens: Monde Re was Right?!?
…tensions and raised concerns about energy security in Europe. According to Russia, Ukraine’s state-owned gas concern had made significant, unauthorized withdrawals from pipelines carrying natural gas from Russia to Western…
A Recent ICC Award Enforcement in Russia: are Russian Courts Really Becoming More Arbitration-Friendly?
…costs and 230,444.94 USD of attorney fees in favor of the US Venture Global Engineering LLC. Furthermore, upon the claimant’s request, the arbitrator obliged the defendant to prepare and provide…
Respondents Play with Advance on Costs as a Strategy: Do Claimants as Well?
Earlier I discussed a possible response to a Respondent’s tactical approach to refuse to pay an advance on costs, referring to a previous article I published. This post invited a…
BITs, Freedom of Expression, and the Impertinence of Aliens
…certain controversial foreign investment projects – and the protections owed to foreign investors, including full protection and security. I’ve also highlighted in an earlier blog posting, the further tension between…
ICC Rules: What Do You Do When the Respondent Refuses to Pay its Portion of the Advance on Costs? An Alternative Approach
…of paying the entire advance on costs; otherwise, the Claimant is forced to pay the entire advance on costs itself. I suggest considering an alternative route, which I name the…
New Rules on Domestic Arbitration and Their Relation to the Rules Governing International Arbitration in Switzerland
…of the tribunal to decide counterclaims and set-off pleas (Article 377 CCP), • security for costs, in particular where the claimant appears insolvent (Article 379 CCP). As to the setting…
Misconduct & jurisdiction: Some cases from the history stacks
In a recent post , Andrew Newcombe queried whether investor misconduct should be dealt with by arbitrators not as a jurisdictional issue, but rather at the merits, damages or costs…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Investment Arbitration, Jurisdiction, Public Policy
Investor misconduct and investment treaty arbitration: mapping the terrain
…a form of substantive inadmissibility? When, if ever, is investor misconduct an issue that goes to the merits, damages or an award of costs? In my posts in the coming…
Arbitration Awards, Arbitrators, Commercial Arbitration, Domestic Courts, Investment Arbitration, Legal Practice
10 Investor-State Awards I Hope to Read in 2010
…landmark international claim. Under ICSID rules, South Africa must give its assent to any withdrawal of the claim. Unless the parties can agree how to apportion the government’s legal costs,…
Two Roads – Two Tribunals: Recent “Fork-in-the-Road” Interpretations
…the same aim of obtaining compensation for extra costs incurred in the execution of the Contract.” In contrast with the Pantechniki approach, however, the Toto tribunal determined that in order…
How to remediate moral damages suffered by a State?
…arbitration costs (US$129,000). For the Tribunal, such an award of full costs in favour of the Respondent “will go some way towards compensating [it] for having to defend a claim…