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…
Search Results for: security for costs
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…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Enforcement, Europe, Jurisdiction, National Arbitration Laws, Seat of the arbitration
When is the ‘Venue’ of an Arbitration its ‘Seat’?
…an interim award against the defendant concerning costs of several procedural applications. The claimants were granted leave to enforce the award by the English court, but the defendant challenged the…
A v R: Enforcement at any Cost(s)?
…for the loser to pay approximately two thirds of the winner’s costs, the Court decided that the respondent should pay the applicant’s costs on an indemnity basis, essentially to punish…
The Renewed Debate on the Limits of Discovery Under Section 1782
…for discovery requests—thereby decreasing, rather than increasing, the courts’ overall costs. At any rate, the debate over logistical costs may be more relevant in the context of future congressional debates…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Investment Arbitration
Should States be required to post a security as a condition for the stay of enforcement of an ICSID Award during Annulment Proceedings?
…in support of requiring a security for the performance of the award generally was that the security served as a fair and reasonable counter-balance to the continuation of the stay….
The Swiss Rules of International Arbitration – Five Years of Experience
…decision on costs); there is no provision in the Swiss Rules obliging the arbitrators or the parties to copy the Chambers on all communications; there is no requirement in the…
Chevron goes all-in against Ecuador; New claim reflects latest BIT usage
…massive civil claim which could put Ecuador on the hook for many Billions in environmental remediation costs. For Ecuador, the latest move by Chevron may confirm the Government’s suspicions that…
Gifter’s Remorse: The Beaverbrook Art Gallery arbitration
…in costs (which included extensive investigative and archival research undertaken by the Gallery to study the ownership of the contested paintings). Following the award and costs order, the Foundation asserted…
Recent ICSID Decision Confirms High Standard For Preliminary Objections To Claims That Are “Manifestly Without Legal Merit”
…well in mind” that costs will be awarded to the prevailing party. (Trans-Global, para. 123) The Trans-Global case settled shortly after the tribunal’s Rule 41(5) decision, and prior to the…
Regulating Fraud in International Arbitration
…costs, recognizing that “full costs will go some way towards compensating the Respondent for having to defend a claim that had no jurisdictional basis and discourage others from pursuing such…
Enforcement of International Arbitral Awards in England and the New York Convention
The English Court of Appeal recently upheld a first instance decision to refuse enforcement of a US$20m New York Convention award in Dallah Estate and Tourism Holding Company v The…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Investment Arbitration, Legal Practice, Public Policy
Is Arbitration Changing?
…looked into that and how proceedings can be managed to reduce costs. Such initiatives are indeed very welcome. Working groups amongst counsel are also looking into such issues. It appears…
Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Domestic Courts, Europe, National Arbitration Laws
Svea Court of Appeal’s Judgment of 9 June 2009 – When parties are deemed to have agreed on the cessation of an agreement to arbitrate
…would have been unreasonable considering that Hederstierna had requested that the SSE be ordered to pay for all costs of the arbitration. In conclusion, the SSE asserted that the agreement…