Sealing of Court Documents Relating to an Arbitration
…damages and costs towards the claimant in the arbitration. The award, however, did not apportion liability between AZT and AZV because it was not part of the tribunal’s mandate. AZT…
Search Results for: security for costs
Trans-Pacific Partnership Negotiations: Progress, but no End in Sight
…the end of May 2012. A major element of a re-energized American focus on political, security and economic considerations in Asia, the TPP if it can be successfully completed would…
The Self-Judging WTO Security Exception
…compares and contrasts the self-judging WTO security exception with non-self-judging emergency exceptions in various BITs. The focus of the Article is on the WTO security exception, one of the least…
Entry into force of the revised Swiss Rules of International Arbitration – 1 June 2012
…presiding arbitrator (Art. 5.3). • The court must approve the arbitrators’ determination on costs in the award (Art. 40.4). Whilst preserving the flexibility of the Swiss Rules, the revision has…
Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, International arbitration
Revised Swiss Rules of International Arbitration Enter Into Force
…as required by Section 1.4 of Appendix B (Schedule of Costs)”. The value in dispute for the purposes of determining whether the Expedited Procedure is applicable is calculated upon receipt…
CONFIDENTIALITY: Not To Be Overlooked When Drafting the Arbitration Clause
…over their continued veracity. Complaints are launched about whether such factors truly remain a benefit (the largest and most obvious one which comes to mind is costs, but that horse…
The ‘West Tankers’ Saga Continues: Can Damages Compensate for Breach of an Arbitration Clause?
…In the latest proceedings, it sought from the tribunal an award of damages for the breach of the arbitration agreement as well as an indemnity for the costs of defending…
BIT, Commercial Arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection
The Concept of Good Faith in International Investment Disputes – The Arbitrator’s Dilemma
…In international investment law, substantive standards of treatment (investment treaty provisions) such as ‘fair and equitable treatment’, ‘full protection and security’, ‘protection of legitimate expectation’, ‘transparency’, ‘non-discrimination’, ‘national treatment’ and…
Appointment of arbitrators, Arbitral seat, Arbitration Institutions and Rules, Arbitrators, Efficiency, International arbitration, Mediation, Seat of the arbitration
Key changes to the CIETAC Arbitration Rules
…in any manner they consider appropriate. Arb-med can be effective in helping parties to settle complex disputes at a relatively early stage, saving considerable time and costs as a consequence….
Asset based methods – Part 3, valuation and the financial crisis
…the costs that were incurred to acquire or create it. In order to rely on historical costs, it is necessary to understand the specific circumstances. Given that many start-ups fail,…
Singapore’s International Arbitration Act 2012 vs Hong Kong’s Arbitration Ordinance 2011
…make costs orders against any party. One of the objections raised against this proposal was the risk that an arbitral award by a tribunal that had previously ruled that it…
Arbitration Institutions and Rules, Arbitration Proceedings, ICSID Convention, International arbitration, International Courts, International Law, NAFTA
New Scholarship: The Rules, Practice, and Jurisprudence of International Courts and Tribunals
…a short introduction of the forum, each chapter provides essential information of the institution examined, including its composition, seat, operation, costs, applicable law, and detailed analysis of its jurisdiction. This…
Does Investment Arbitration Now Provide a Second Bite at the Cherry?
…over three years and at a substantial cost to the investor – costs which may not be recoverable. Even then, enforcement does not happen automatically. Despite the procedures in place,…
Consultation on revision of Dutch arbitration law opened
The Dutch Ministry of Security and Justice has launched a consultation on the revision of the Dutch 1986 arbitration law. See here. For an informal English translation of a comparison…
Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, International arbitration, Other Issues, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
2012 Queen Mary / White & Case International Arbitration Survey Launched
…(including security for costs applications), the level of compliance with tribunal-ordered interim measures and the power of arbitrators to order interim measures ex parte. • Document disclosure: The frequency of…
Third-Party Funding in Arbitration: Innovations and Limits in Self-Regulation (Part 2 of 2)
…information with respect to whether to order security for costs during the course of an arbitration, or to assess liability at the close of proceedings against an unsuccessful litigant for…
Third-Party Funding in Arbitration: Innovation and Limits in Self-Regulation (Part 1 of 2)
…of the Litigant to provide security for the opposing party’s costs, to pay premiums to enable that Litigant to obtain insurance against possible future awards of costs, or to finance…
Constitutionalising Investor Rights
…and otherwise than in the interests of national security no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the…
THE HUNT FOR FUNDING
…costs. By sunk costs I am referring to the amount already spent on the investment. It is this number that is truly the magic number since, at the very least,…
HKIAC Administered Arbitration: New Rules for the New Lunar Year
…security for costs, (given that section 56 of Hong Kong’s new Arbitration Ordinance empowers the tribunal to order a Claimant to give security for the costs of the arbitration); or…
Arbitrating Competition Law Disputes: a matter of policy?
…evidence required to form a view on them may well speed the process overall and minimise the costs of making the case. 3. Competition claims are often multi-jurisdictional and may…
Discounted cash flows – Part 2, valuation and the financial crisis
…forecasts of future cash flows. The model should include, in cash terms, all revenues, direct and indirect costs, capital expenditure, working capital movements etc. Since we are only interested in…
Arbitration Awards, draft Restatement, Enforcement, European Convention on International Commercial Arbitration 1961 (ECICA), Federal Arbitration Act (FAA), forum non conveniens, Inter-American Conventions, New York Convention
December Surprise: New Second Circuit Ruling on Forum Non Conveniens in Enforcement Proceedings
…in foreign capitals, and drawn U.S. courts into a politically charged dispute about energy security in Europe. See Brower, supra. At a high level of generality, the alignment of parties…
Key Developments in Relation to Arbitration in Dubai
…US$ 7.2 million plus interests and costs.9)A copy of the order is available here. Secondly, on 31 October 2011, Dubai Law No 16 of 2011 (Law No 16), passed primarily…