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Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

Third-Party Funding in International Arbitration – A Menace or Panacea?

Munir Maniruzzaman (University of Portsmouth)/December 29, 2012 /1 Comment

Institute for Transnational Arbitration (ITA)

…the expression ‘cautious about disclosure’ to better reflect the state of affairs. According to third-party funders, if for any reason the conflict of interests, transparency, adverse costs, or security for…

Appointment of arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

The International Arbitrator Information Project: From an Ideation to Operation

Catherine A. Rogers (Bocconi University)/December 10, 2012 /9 Comments

Arbitrator Intelligence

…arbitrator selection, as well as reduced costs. Organizations that provide collective representation for parties, such as the OECD or the Corporate Counsel International Arbitration Group, should realize that their constituencies…

Arbitration Proceedings, Interim Orders

Swinging the Pendulum towards Arbitral Independence: A growing Consensus on the Treatment of Interim Orders in Arbitral Proceedings by National Courts?

Emily Blanshard (Herbert Smith Freehills LLP)/November 30, 2012 /Leave a comment

Herbert Smith Freehills

…v. CGI Information Systems and Management Consultants Inc (2009 ONCA 642) that that an order for security for costs did not constitute an award under the Ontario Arbitration Act. Courts…

Domestic Courts, Enforcement, Middle East, New York Convention, United Arab Emirates

Dubai Court of Cassation confirms enforcement of foreign awards under New York Convention: The end of a beginning – Inshallah!

Gordon Blanke (Blanke Arbitration LLC)/November 21, 2012 /Leave a comment

…enforcement of a trilogy of DIFC-LCIA awards – one on liability and two on costs (all forming part of the same reference) – rendered by a Sole Arbitrator in London…

Arbitration Proceedings, Discovery, Evidence, IBA Rules of Evidence, Witness

Are Depositions Incompatible with International Arbitration?

Nathan O'Malley (Conway & Partners)/November 19, 2012 /Leave a comment

…most circumstances to present counter-witnesses and further prepare for the hearing. In addition to the above, the use of depositions undeniably raises costs in the procedure, and thus here too…

arbitrators’ conduct, Evidence, IBA Rules of Evidence

Is Good Faith in the IBA Evidence Rules Good?

Margaret Moses (Loyola University Chicago School of Law)/November 15, 2012 /2 Comments

Institute for Transnational Arbitration (ITA)

…arbitrators awarded costs against one party, even though the arbitration clause provided that each party would pay its own costs and fees. The Second Circuit affirmed the award. Although Martinez-Fraga…

Arbitration, Arbitration Agreements, Costs, Costs in arbitral proceedings, Enforcement

Winner Pays: The Limits of Unconscionable Arbitration Agreements

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/November 13, 2012 /1 Comment

WilmerHale

…You agree to be liable to the Bank for any loss, costs, or expenses, including, without limitation, reasonable attorneys’ fees, the costs of litigation, and the costs to prepare or…

Asia-Pacific, Costs, Set aside an arbitral award

The loser pays it all: Hong Kong Court of Appeal confirms principle of indemnity costs for failed set aside application

Justin D'Agostino (Herbert Smith Freehills)/October 29, 2012 /Leave a comment

Herbert Smith Freehills

…for costs on the basis that counsel on the other side had multiplied the proceedings “unreasonably and vexatiously”. The judge imposed costs on the opposing counsel and noted that, where…

Arbitration Awards, Arbitrators, BIT, Costs in arbitral proceedings, ICSID Convention, Investment, Investment Arbitration, Jurisdiction

ICSID: Curious Facts

Inna Uchkunova (International Moot Court Competition Association (IMCCA))/October 25, 2012 /15 Comments

…that legal costs incurred by respondent-state parties are usually much lower than costs incurred by claimant-private parties, partly because a claimant bears a greater burden in presenting and proving its…

International arbitration, Third party funding

NAI Jong Oranje Hosts Third-Party Funding Event

Lisa Bench Nieuwveld (Conway & Partners)/October 20, 2012 /1 Comment

…to use funding. This is especially true as a growing number of funded clients are those looking for better cash flow options or strategies to keep certain costs off the…

Enforcement of an arbitration clause, English Law, Jurisdiction, New York Convention

Enforcement of a London arbitration clause in a charter party refused in Australia

Kate Cronin (Linklaters)/October 15, 2012 /1 Comment

…award (the “final Award”, together with the first Award, the “Awards”) in January 2011 in the amount of US$824,663.18 together with interest and costs. In April 2011 DKN commenced enforcement…

Anti-arbitration, Arbitrators

Anti-arbitration: and the survey says….

Michael McIlwrath (MDisputes)/October 4, 2012 /2 Comments

…general consensus reported by the survey. Most of those responding said they believe that tribunals should award costs to the prevailing party (80%); that the IBA Rules on the Taking…

International Law, Investment Arbitration, Trade

Does the WTO Rely on Investment Arbitration Awards as Persuasive Authority?

Roger Alford (General Editor) (Notre Dame Law School)/September 27, 2012 /1 Comment

…interpretation embodied in adopted panel and Appellate Body reports becomes part and parcel of the acquis of the WTO dispute settlement system. Ensuring “security and predictability” in the dispute settlement…

Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law

The Prospects for Amicus Submissions, Outside the ICSID Rules

Jean Kalicki (Independent Arbitrator)/September 14, 2012 /1 Comment

…alone bear the attendant costs? Would it ever be proper for a tribunal to ask a nonparty to contribute to those extra costs? That could chill the involvement of civil…

Expedited arbitration, Sport arbitration

Performance-Enhanced Arbitration? The CAS Ad Hoc Division

Elizabeth Kantor (Herbert Smith Freehills LLP)/August 27, 2012 /Leave a comment

Herbert Smith Freehills

…London 2012, pro bono advice was available for all athletes. As such, the process is not slowed down by party delay regarding the payment of fees or advances on costs….

Arbitration Agreements, Arbitration Proceedings, Asia-Pacific

Stay of proceedings in favour of arbitration under the court’s inherent jurisdiction

Darius Chan (Norton Rose Fulbright)/August 15, 2012 /Leave a comment

YSIAC

…“security” for those payments, Tan Poo Seng, who is a director and shareholder of Top Zone, issued a cheque in favour of Shanghai Construction. Sometime later, Top Zone stopped work….

Annulment, Enforcement, ICSID Convention, Provisional measures

Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation 14(3)(e)?

Inna Uchkunova (International Moot Court Competition Association (IMCCA))/August 13, 2012 /Leave a comment

…30-day time limit operative. After the work of the committee was suspended owing to Petroecuador’s non-payment of the advance on costs, the pendency of the annulment request was maintained whereby…

Appointment of arbitrators, Arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

The International Arbitrator Information Project: An Idea Whose Time Has Come

Catherine A. Rogers (Bocconi University)/August 9, 2012 /2 Comments

Arbitrator Intelligence

…(such as interim relief, joinder of third parties, witness examination, and document disclosure), the nature and extent of hearings, and the allocation of costs and fees. And, of course, the…

Arbitration Awards, Enforcement, New York Convention

Enforcement: Swiss courts may dispense with the requirement of a full certified translation of an award under Art. IV(2) of the New York Convention

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/August 6, 2012 /1 Comment

…dispositive part of the English language award, along with a non-certified translation of the arbitral tribunal’s decision on costs. The cantonal court decided that it had a sufficient command of…

Arbitration Awards, Enforcement, Middle East, New York Convention

Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?

Gordon Blanke (Blanke Arbitration LLC)/July 26, 2012 /1 Comment

…the other one on costs, issued by a Sole Arbitrator in London under the Rules of the London Maritime Arbitration Association (LMAA) following an application for enforcement by the award…

BIT, Costs, Europe, European Law, Investment agreements, Investment Arbitration

EU Proposal: who will investors face off against in future investment treaty claims?

Kate Lalor (Linklaters)/July 23, 2012 /1 Comment

…India and Singapore – the Commission recently announced its vision for the financial responsibility of costs within the EU for investor-state dispute settlement under such agreements. This vision provides as…

Anti-arbitration, Costs in arbitral proceedings, Dispute resolution clause, International arbitration, Pro arbitration

Anti-arbitration: problems and complaints answered here

Michael McIlwrath (MDisputes)/July 12, 2012 /2 Comments

…befor they incur substantial costs, either of the arbitrators or appointed counsel. (The arbitrators could have billed in phases for the same or a greater amount, but they are telling…

Arbitration Awards, Enforcement, Public Policy

Public Policy in the UAE as a Ground for Refusing Recognition and Enforcement of Awards

Khalil Mechantaf (Mechantaf Law)/July 6, 2012 /Leave a comment

…agreement and ordered the real estate developer, respondent in the arbitration, to return the sale amount and pay legal interests and costs of arbitration. In the enforcement proceedings before the…

Arbitration

Is the Arbitration Climate Becoming Tougher

Henrik Fieber (Roschier)/June 29, 2012 /Leave a comment

…about the main disadvantages with arbitration. This indicates that companies on balance still prefer arbitration despite costs factors, but that costs are still a concern. Stockholm popular Overall the Stockholm…

Kluwer Arbitration Blog

Search Results for: security for costs

Third-Party Funding in International Arbitration – A Menace or Panacea?

The International Arbitrator Information Project: From an Ideation to Operation

Swinging the Pendulum towards Arbitral Independence: A growing Consensus on the Treatment of Interim Orders in Arbitral Proceedings by National Courts?

Dubai Court of Cassation confirms enforcement of foreign awards under New York Convention: The end of a beginning – Inshallah!

Are Depositions Incompatible with International Arbitration?

Is Good Faith in the IBA Evidence Rules Good?

Winner Pays: The Limits of Unconscionable Arbitration Agreements

The loser pays it all: Hong Kong Court of Appeal confirms principle of indemnity costs for failed set aside application

ICSID: Curious Facts

NAI Jong Oranje Hosts Third-Party Funding Event

Enforcement of a London arbitration clause in a charter party refused in Australia

Anti-arbitration: and the survey says….

Does the WTO Rely on Investment Arbitration Awards as Persuasive Authority?

The Prospects for Amicus Submissions, Outside the ICSID Rules

Performance-Enhanced Arbitration? The CAS Ad Hoc Division

Stay of proceedings in favour of arbitration under the court’s inherent jurisdiction

Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation 14(3)(e)?

The International Arbitrator Information Project: An Idea Whose Time Has Come

Enforcement: Swiss courts may dispense with the requirement of a full certified translation of an award under Art. IV(2) of the New York Convention

Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?

EU Proposal: who will investors face off against in future investment treaty claims?

Anti-arbitration: problems and complaints answered here

Public Policy in the UAE as a Ground for Refusing Recognition and Enforcement of Awards

Is the Arbitration Climate Becoming Tougher