SIAC released new rules of procedure (“SIAC Rules”) for the management of its arbitration practice, effective 1 August, 2016. Some of the new provisions are ground-breaking. New provisions include a consolidation procedure, a joinder procedure, and even rules providing for early dismissal of baseless claims. The SIAC Rules have drawn great attention to its numerous…

Security for costs, a measure which is perceived as a savior for those who are forced to arbitrate with (allegedly) impecunious parties, can have several connections with the industry of third party funding. Third party funding, as a new trend in international arbitration, has certainly disturbed many waters, including those related to security for costs….

When allocating costs, investment arbitration tribunals apply two principles: a “pay your own way” principle which provides that each party pays its own legal costs and they effectively share the costs of the proceedings, and secondly a “costs follow the event” or “loser pays” principle which provides that the losing party bears the costs of…

In recent years, ICSID has provided an increasing level of detail and transparency about the practice and procedure of ICSID Convention and ICSID Additional Facility arbitrations. The ICSID Secretariat has done so in a variety of ways: on its website, in Annual Reports, in The ICSID Caseload: Statistics, as well as in one-day primers it…

Co-authored with William Kenny, Intern at HKIAC A View from Inside A foreword by Victor Dumler, Dumler and Partners Law Offices, St Petersburg. Over the last two decades, Russia-related disputes have become a considerable part of “Russia’s export” into Western Europe. Yet, after more than a year living under the sanctions regime, the situation is…

Non-payment of the share of an advance on costs in arbitration has consequences on an arbitration agreement, arbitration proceedings and a possibility for the parties to have recourse to courts. The consequences vary and they heavily depend on national laws, applicable arbitration rules, circumstances of the case and the relief sought. The complexity of these…

and Oleg Temnikov 1. Approaches to cost allocation There are, generally, two approaches to costs allocation (“CA”), namely: (1) pay your own way (“PYOWA”) whereby the parties share the costs of the proceedings and bear their own legal costs; (2) loser pays or also called “costs follow the event” approach (“CFTEA”) under which the losing…

and Laura Lozano, González-Bueno & Asociados It is known that third party funding has become one of the hot topics in the international arbitration arena. Indeed, it is not the first time this blog deals with the matter. Amongst others, Munir Maniruzzaman and Lisa Bench Nieuwveld have already explored this tool that provides the necessary…

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen. Guidelines 26 and 27 of the IBA Guidelines on Party Representation in International Arbitration have again raised the debate on the extent that Arbitral Tribunals are entitled to deal…

By Justin D’Agostino and Yi-Shun Teoh In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that parties who unsuccessfully challenge arbitral awards will generally be ordered to pay costs on the indemnity basis. This is a relatively rare and…

It is not uncommon to see the losing party of an ICSID arbitration filing a frivolous request for annulment merely to engage the opposing party in settlement negotiations. Another frequent abuse of ICSID’s annulment mechanism is to attempt to re-litigate the merits at the annulment stage. An annulment proceeding under the ICSID Rules typically takes…

Getting over the skepticism.  Since the International Bar Association adopted its Rules for Investor-State Mediation last October, there has been an uptick in discussions regarding the topic, including a mock mediation panel presented this spring during the American Society of International Law’s Annual Meeting.  Nonetheless, investor-State mediation still faces skepticism from many arbitration professionals, both…

By Justin D’Agostino, Martin Wallace and Yi-Shun Teoh The Year of the Snake has begun auspiciously for arbitration in Hong Kong, with a recent decision of the Hong Kong Court of Final Appeal (“CFA”) underlining once again the jurisdiction’s arbitration-friendly credentials and the reluctance of its courts to interfere with the arbitral process and arbitral…

As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as…

In its important 2011 decision AT&T Mobility v. Concepcion, the United States Supreme Court sharply limited the grounds on which a court may invalidate an arbitration agreement. A recent ruling by the United States Court of Appeals for the Eleventh Circuit, In re Checking Account Overdraft Litigation MDL No. 2036, illustrates how lower courts are…

By Justin D’Agostino, Tracy Wu and Briana Young The Hong Kong Court of Appeal recently awarded indemnity costs against an applicant who attempted unsuccessfully to set aside an arbitral award. In a decision that many will welcome, the Hong Kong court has sent another strong message of support for the finality of the arbitral process….

With the entry into force of the Lisbon Treaty on 1 December 2009, control of foreign direct investment became an exclusive area of EU competence, or such is the view of the European Commission, a view which is not shared by all EU member States. Since that time, the Commission has embarked upon what it…

In recent decades, Spanish legislators have increasingly turned their attention to private arbitration. The Spanish Arbitration Act 1953, mainly dealing with civil actions, was replaced by the 1988 Act directed at resolutions of commercial disputes, with a particular focus on international commercial arbitration. The aim was to make Spain a leader in the field, taking…

This month marks two interesting developments in arb/med. First, as Kluwer wants you to know, they have added a mediation blog in addition to the arbitration blog. Well, it’s about time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As…

I am posting this CIArb’s press release for the benefit of our readers: The Chartered Institute of Arbitrators (CIArb) has launched a major survey into the costs of international arbitration. The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how…

[Editor’s Note: The following blog is re-published free of editorial errors in the original publication.] In the current zeitgeist focusing on the need for efficiency and speed in arbitration, we are at risk of over-correcting to the point of diminishing important functions of the arbitral process. There is little doubt that the arbitral process generally…

Throughout 2010 and into this year there have been numerous entries on this blog dealing with various aspects of international arbitration’s lack of efficiency and runaway costs, and proposing various remedies or reforms. These have included contributions from Roger Alford, Lucy Reed, Niuscha Bassiri, Philipp Peters, Lisa Bench Nieuweld, and many provocative posts from Michael…

According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure), a party that does not pay its share of the advance on the arbitration costs requested by the arbitral tribunal risks to lose the benefit…

Dear Counsel, Thank you for taking the time to present your firm’s international arbitration practice, and also for the copies of the brochure and monthly newsletter. The many recent wins by your firm and the published articles demonstrate convincingly that you are quality professionals with a high-standing in the community. I’m certain it was not…