LIDW 2023: Disputes Involving States Arising Out of War
…shrimp farm was destroyed as a result of an operation by the Sri Lankan Security Forces. Naomi Briercliffe added that there are other more recent examples such as the cases…
Search Results for: security for costs
LIDW 2023: India: Trends, Opportunities, and Challenges
…even if costs were an important consideration for Indian parties, LCIA would have a lower costs model overall (even with its ad-valorem model) and thus, still an excellent choice. Devika…
LIDW 2023: Adapting to a Changing World
…involving complex projects, may be a suitable solution given the advantages of low costs and party autonomy of mediation. The third panel of the main conference, addressing “Navigating the maze:…
LIDW 2023: Opening with Three Keynote Speeches
…Gloster observed that courts rarely granted such challenges but noted that such challenges presented practical constraints and led to significant costs and delays. The Law Commission proposes certain reforms, including…
2023 PAW Recap: Affaires d’Etats Vol. 2 – Abusive Claims Against States and How to Fight Them
…(iv) reshaping the normative framework governing TPF and security for costs. Ms. Argac also emphasized the need to select counsel, arbitrators and experts who have a thorough understanding of these…
ECT Modernisation Perspectives: No Winners: The Long End of the ECT Modernisation Process
…the former Eastern Bloc after the end of the Cold War, the multilateral treaty was drafted to serve as a framework for energy cooperation, energy security, and the protection of…
Columbia Arbitration Day 2023: Arbitration Beyond the Box – New Innovations & Perspectives
…elements will be retroactively added “across the entire floorplan” to all existing treaties, on matters such as third-party funding, security for costs and damages. Such elements will be added to…
“I love my job”: An Ode to SCC Emergency Arbitration
…A round of skeleton arguments summarizing the parties’ positions; and Costs submissions. Given that time is of the essence, not all the above may be necessary. For example, it may…
Studying International Investment Treaties and Investor-State Disputes through a Central Asian Lens
…submit claims independently may be empowered to join claims and reduce their costs making it possible for them to seek relief through the ISDS system. Third-Party Funding – This developing…
2023 Petersberg Arbitration Days Recap: “Out of the box” – What Arbitration Can, Should, and Must Learn From Neighbouring Sciences
…disputes, and discussed the relevant factors in each case including less obvious ones such as costs due to the time value of money or collateral damage caused by disclosure. By…
Third Party Funding in Litigation and Arbitration: A Dichotomy in China’s Practice
…of litigation. Notably, the court harbored a negative attitude towards the practice of facilitating or encouraging parties to initiate litigation by lowering the ex-ante costs as this could increase the…
BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela
The Venezuela-Colombia BIT: An Original Development of Uncertain Impact
…and equitable treatment”, one of the most common protections in investment treaties. Other protections like “full protection and security”, “most favoured nation treatment”, and the “umbrella clause” are also absent….
In Praise and Criticism of Arbitration as a Means of Resolving ESG Disputes
…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…
Colombia’s Supreme Court of Justice: Recent Decisions on Recognition and Enforcement of Foreign Awards
…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…
Cross-Jurisdictional, Quasi-Instantaneous Enforcement: Fact Or Fiction?
…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[+]…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 3 (March 2022)
…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…
Inaugural Delhi Arbitration Weekend 2023: The Weekend of Arbitration Debates
…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,…
Typography in Arbitration: An Underused Advocacy Tool?
…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…
2023 PAW Recap – Day 3: Provisional Measures in International Arbitration: Strategic Lessons From Recent Practice
…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…
2023 PAW Recap – Day 2: Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining
…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…
2023 PAW Recap – Day 2: Resource Nationalism in Investor-State Arbitration
…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,…
International Investment Arbitration, Investment Arbitration, Investment Disputes, Paris Arbitration Week
2023 PAW Recap – Day 1: In Conversation with Meg Kinnear, Toby Landau KC, and Prof. Alain Pellet on the Future of Investment Arbitration
…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…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part I)
…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…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part II)
…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…