…page 4). Moreover, domestic litigation might entail significant costs or delay for the parties. And finally, even where a court issues relief to a victim(s), enforcement of the judgment in…
…had breached its contract and therefore was under an obligation to pay damages plus interest and the costs of the arbitration to Tricon. Respondent was served with process but did…
…software for on-chain enforcement may indeed revolutionise the way we recover crypto-assets, reducing transaction costs. And international arbitration may be best placed to take full advantage of this innovation. References[+]…
…application for attorney’s fees and costs. On appeal before the U.S. Court of Appeals for the Second Circuit (‘Second Circuit’ or ‘the Court’), Ferrominera challenged the lower court judgment on…
…and international arbitrations. He mentions that remote hearing comes with many advantages, for instance, the parties bear significantly lower costs because they are not required to fly the arbitrators, lawyers,…
…his book has to offer. Conclusion Typography is important for arbitration lawyers. It is our job to persuade. We must avoid losing a tribunal’s attention at all costs, for…
…not prejudge the merits (e.g., measures aimed at preservation of evidence or production of documents or security for costs). According to Sébastien Besson, the notion of provisional measures has evolved…
…projects, limiting damages to some costs. From Mr. Kirtley’s point of view, more problems arise when the quantity of available resources cannot be ascertained. For instance, if a social protest…
…to determine who bears the costs for environmental measures. States are trying to shift the costs of those environmental regulations to the investor by canceling the deals made with them,…
…proceedings and excessive costs, (iv) too-systematic use of experts, (v) “americanization” of the proceedings, (vi) l’entre-soi, and (vii) doubts regarding certain arbitrators’ and counsels’ conduct. Against this backdrop, the speakers…
…that the ICC has been working on the implementation of technology to reduce costs and provide faster responses, seeking to generate a further increase in the number of cases administered…
…neutrality, applicable law, language, and costs involved in terms of accessibility and logistics (especially regarding evidentiary hearing) are usually considered. Then, Prof. Caivano referred to the regulation of arbitration in…
…is likely to increase the costs and result in time inefficiencies for both parties. This is particularly so where the arbitrator pool is small, making it difficult to find a…
…collective interest of the creditors is considered, one could always argue that the substantial costs of an arbitration are necessarily detrimental when compared to ordinary proceedings before the Spanish courts…
…perceived lack of procedural protections in combination with the possibly high costs of arbitration prevents companies from considering it as an alternative to litigation. Ms. Weiner however stated that this…
…to such claims include obtaining and substantiating suitable information and costs to pursue such claims. Litigation finance can be a suitable solution in supporting meritorious ESG claims, but this is…
…to a Green Action. Notably, the stakeholders who bear the costs of arbitrations – the parties – were not the subject of a dedicated Green Protocol, although they were undoubtedly…
…the circumstances of each case. It is, thus, a matter of weighing existing interests, efficiency, costs and the risks of conflicting decisions or jeopardy to either party’s right to properly…
…respondents noted that energy supply and security issues triggered by Russia’s invasion of Ukraine will likely set back the timeframe for the transition away from fossil fuels, by a decade…
…that the special regime was based on the principle of a “reasonable return”, meaning a producer was only guaranteed to receive sufficient funds to recover investment costs and operating costs,…
…recoup their losses, likely through subsequent peace agreements. Mr. Vasani’s points led to disagreements among the panelists as to who should bear the costs of catastrophic events. In the case…
…past half-decade, technology has certainly continued to develop in ways that make arbitration more efficient in terms of time and costs. While new AI research tools like ChatGPT cannot, for…
…had failed to comply with a London-seated LCIA tribunal’s order to provide security ostensibly because it had become impecunious. RQP, resisting the application, argued that ZYX had repudiated the arbitration…
…concerning the allocation of costs are based on the principle of distributive justice, the cornerstone of the rules establishing costs follow the event approach and the causation approach. Portuguese…
