The Contents of the ASA Bulletin, Volume 41, Issue 1 (March 2023)
…by an award in certain cases, including when the advance on costs has not been paid. Nils SCHMIDT-AHRENDTS, Dirk WIEGANDT, BGH Takes a Close ‘Second Look’ at an Arbitral…
…by an award in certain cases, including when the advance on costs has not been paid. Nils SCHMIDT-AHRENDTS, Dirk WIEGANDT, BGH Takes a Close ‘Second Look’ at an Arbitral…
…425 days. It can also be cost-efficient since it is free or low cost for premium subscribers. As of publication a premium subscription costs US $20/month. of the procedure (LCIA…
…as Erin Miller Rankin pointed out, ESG is creating new obligations, costs, and risks on major capital projects. These include concession agreements that are tied to ESG commitments, contractors that…
…trade secrets, IP, data security, or highly technical items) to a judge who does not have the relevant expertise and will likely not fully understand such topics, or to share…
…rules next year (which are likely to deal with security for costs, treaty interpretation, third-party funding, and other important procedural matters). Technology-related Disputes When it started its mandate in 2021,…
…the dispute resolution mechanism. SMEs, which play a significant role in many African economies, may face difficulties navigating the complex procedures and costs associated with the dispute settlement process. It…
…the costs of arbitration, thereby preventing its claim to be resolved either by litigation or through arbitration. It also noted that respondent did not inform claimant of the arbitration costs,…
…may face. While Article 164(1) of the Georgian Tax Code (2005) provided for the ‘costs follow the event’ principle for allocating arbitration costs, Kyrgyzstan’s new Tax Code is silent on…
…is an effective step to save time and costs. Arbitration Matters before the Commercial Courts With another ministerial draft bill, the German Ministry of Justice intends to establish Commercial…
…Islamabad and emphasized the need to sanction unwarranted delays by imposing mandatory costs, as done in the seminal judgement delivered by him in Edwin Coe LLP v Naseim Ahmed Sarfaraz…
…costs and diversity: client users were less satisfied with costs in arbitration (15%) than external counsel were (32%); and client users found diversity more important (62%) in selecting arbitrators than…
…and public policy. Costs The New Act makes an important intervention in relation to the costs of arbitration proceedings in Nigeria (Section 50). It is mandatory for the Tribunal’s fees…
On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration…
…110 et seq. of the German Code of Civil Procedure (“ZPO”) concerning the plaintiff’s obligation to provide security for costs of the proceedings apply by analogy. The party who initiated…
…To solve this problem, a formal mechanism could be created to coordinate civil society participation, similar to the one followed at the UN Committee on World Food Security. While the…
…of USD 1.2 billion against Emaar and ordered Jadawel to pay costs. Surprisingly, instead of either granting or declining the enforcement of the Award, the KSA Board of Grievances ordered…
…cases where the party representative agrees to changes to the arbitration framework (such as granting the tribunal the authority to award costs) without having had the power to conclude an…
…Party treatment in accordance with customary international law, including fair and equitable treatment and full protection and security. Israel’s IIAs also prohibit unlawful expropriation unless for a public purpose, in…
…be fixed by it, to give security for the payment of all costs incurred and likely to be incurred by any defendant. In the event of such security not being…
…of the PILA, seeking to reduce the financial and transactional costs of arbitral proceedings without prejudicing the parties’ right to judicial protection in case of a flawed award. Conclusion…
…specific information security measures: (1) risk profile of the arbitration; (2) existing information security practices, infrastructure, and capabilities of parties, arbitrators, and the SCCA; (3) burden, costs, and relative resources;…
…engineering disputes, considering concerns from clients about costs and lengthy proceedings. Mr. Sydenham emphasized the need for efficiency provisions to be explicitly incorporated into institutional rules, and for arbitrators to…
…feedback and noted that arbitrators with poor reviews would be removed from the list of arbitrators. Benjamin Hughes cautioned that due process paranoia can increase costs undesirably. Jamie Harrison mentioned…
In recent years, criticism that international arbitration rules lean too heavily on common law traditions—with similar legal costs as a result—has culminated in the creation of multiple new sets of…