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UNCITRAL Arbitration

The Costs of Arbitration

17/08/2022 by Aceris Law LLC

Cost of arbitration

One of the most common questions claimants have prior to starting arbitration proceedings are the costs of arbitration, whether they can be estimated in advance, and how they can be reduced. The costs of arbitration, in addition to an arbitration’s duration, are an important if not determinative factor in a claimant’s decision whether to start […]

Filed Under: Arbitration, Award on Costs, ICC Arbitration, ICDR Arbitration, LCIA Arbitration, SCC Arbitration, UNCITRAL Arbitration

Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729

02/07/2022 by Aceris Law LLC

Preconditions to Arbitration

In a recent decision, C v D [2022] HKCA 729, the Hong Kong Court of Appeal held that pre-conditions to arbitration are a question of admissibility, instead of jurisdiction. Hence, it refused to set aside a partial arbitral award for lack of jurisdiction. Multi-tiered arbitration clauses, containing pre-conditions to arbitration, such as mandatory cooling-off periods, […]

Filed Under: Hong Kong Arbitration, UNCITRAL Arbitration, UNCITRAL Model Law

Partial Awards on Unpaid Costs in International Arbitration

24/04/2022 by Aceris Law LLC

Unpaid advance on costs arbitration

Unpaid costs in international arbitration are relatively common. Most rules of arbitral institutions provide that the parties must bear the costs of arbitration in equal shares. Difficulties may arise when one of the parties, usually the respondent, refuses to pay its share of advances on costs to cover the expenses related to the arbitration, including […]

Filed Under: ICC Arbitration, SCC Arbitration, UNCITRAL Arbitration, VIAC Arbitration

UNCITRAL Expedited Arbitration Rules

25/11/2021 by Aceris Law LLC

2021-UNCITRAL-Expedited-Arbitration-Rules arbitration

On 9 July 2021, the United Nations Commission on International Trade Law, commonly known as UNCITRAL, adopted the UNCITRAL Expedited Arbitration Rules, which came into force on 19 September 2021 (the “(UNCITRAL) Expedited Rules”). UNCITRAL has also published a Draft Explanatory Note to the Expedited Rules (the “Explanatory Note”), containing useful comments on the application […]

Filed Under: Ad Hoc Arbitration, Cost-Efficient Arbitration, UNCITRAL Arbitration

Coronavirus (COVID-19) and Courts: Moving from Litigation to Arbitration?

18/04/2020 by Aceris Law LLC

The global difficulties caused by the coronavirus (COVID-19), various State measures imposing restrictions on the movement of people, social distancing and complete lockdowns, while necessary to protect health, are inevitably having an impact on litigation in national courts, globally. In certain countries courts have had to limit, or to even entirely close, their operations due […]

Filed Under: ICC Arbitration, ICDR Arbitration, ICSID Arbitration, LCIA Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration, Virtual Hearings

The Recovery of In-House Costs in UNCITRAL Arbitration

30/01/2020 by Aceris Law LLC

UNCITRAL arbitration in-house costs

The 2010 UNCITRAL Rules  (the “Rules”) provide for an exhaustive list of costs that may be considered by Arbitral Tribunals when ruling on costs.[1] Article 40  of the Rules provides that the recoverable costs of arbitration include legal and other costs incurred by the parties to the extent that the arbitral tribunal determines that these […]

Filed Under: Damages in Arbitration, UNCITRAL Arbitration

How to Initiate International Arbitration

15/01/2020 by Aceris Law LLC

Initiating International Arbitration

Initiating international arbitration is a rather simple process, which can be done by lawyers or even non-lawyers: In ad hoc arbitrations, normally, it requires only the service of a “Notice of Arbitration” to the respondent. In administered arbitrations, usually, it requires submission of a “Notice of Arbitration” or a “Request for Arbitration” before the competent […]

Filed Under: ICC Arbitration, International Arbitration, UNCITRAL Arbitration

Refusing to Participate in Arbitration Proceedings

13/12/2019 by Aceris Law LLC

Parties who signed a binding arbitration agreement are, in principle, bound by its terms. Once a dispute arises and a claimant  commences arbitration proceedings against a respondent, a general assumption is that the parties will cooperate and actively participate in the proceedings. In practice, however, it can happen that the other party, usually the respondent, […]

Filed Under: Arbitration Rules, ICC Arbitration, ICSID Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration

How to Reduce the Overall Cost of Investment Treaty Arbitration

13/10/2019 by Aceris Law LLC

Cost of Investment Treaty Arbitration

Investment treaty arbitration has various flaws, but one flaw that is acknowledged by both foreign investors and States who use the dispute resolution system is that, in practice, it can be incredibly expensive. The costs of investment treaty arbitration can be unbearable for certain States, who have far better uses for public funds, and they […]

Filed Under: ICC Arbitration, ICSID Arbitration, Investment Arbitration, UNCITRAL Arbitration

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