Calunius partner Mick Smith participated in a lively Oxford Union - style debate about security for
costs in arbitration at the 2nd Annual GAR Live in Frankfurt - you can read his Alice in Wonderland inspired position paper by clicking on the heading
Unless the parties have agreed otherwise, the tribunal may: order a claimant to provide security for
costs in the arbitration (section 38 (3)-RRB-; give directions relating to property which is the subject matter of the proceedings or as to which any question arises in the proceedings (section 38 (4)-RRB-; direct a party or witness to be examined (section 38 (5)-RRB-; or give directions for the preservation of evidence (section 38 (6)-RRB-.
c) the arbitrator's interpretation contained a provision that each party would bear its own
costs in the arbitration proceeding.
Not exact matches
In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad fait
In the event that you are able to demonstrate that the
costs of
Arbitration will be prohibitive as compared to the
costs of litigation, NBCUniversal will pay as much of your filing and hearing fees
in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad fait
in connection with the
Arbitration as the Arbitrator deems necessary to prevent the
arbitration from being
cost - prohibitive, regardless of the outcome of the
Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted
in bad fait
in bad faith;
The coalition instead called for two amendments that would give the Canadian Transportation Agency more authority to intervene
in disputes between shippers and carriers, and also give shippers the right to present
cost analyses during final offer
arbitration (FOA) hearings.
It's also easy to see how the league would save a lot of effort and
cost by handling the appeals
in - house and avoiding a drawn - out third party
arbitration process.
Our county police officers each
cost us close to $ 200,000 a year
in salary, benefits and pension payments because of mandatory
arbitration.
In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defens
In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying
arbitration claim, the
cost and other effort what would be involved
in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defens
in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
If the
arbitration is decided
in your favor - which occurs if there is an award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the fees and
costs advanced.
If the
arbitration proceeding is decided
in HBO's favor, you shall reimburse HBO for the fees and
costs advanced to the extent available
in a judicial proceeding.
Costs of
arbitration, including reasonable attorney's fees incurred
in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party
in Court enforcement of the
arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.
Mediation, facilitation, conciliation, factfinding, mini-trials, negotiation, negotiated rulemaking, early neutral evaluation, policy dialogues, use of ombuds,
arbitration, and other processes that usually involve a neutral third party who assists the parties
in preventing and resolving disputes, when used effectively, will help us resolve potential conflicts and disputes at an early stage and
in an expeditious,
cost - effective manner.
ARBITRATION: In the event of a disagreement between you and us concerning costs, either of us may make a written demand for a
ARBITRATION:
In the event of a disagreement between you and us concerning
costs, either of us may make a written demand for
arbitrationarbitration.
In the event a party fails to proceed with
arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to
costs of suit, including a reasonable attorney's fee for having to compel
arbitration or defend or enforce the award.
Each party will bear the expense of the fees and
costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another p
costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for
arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection
Costs») in determining whether a party should recover any or all fees and costs from another p
Costs»)
in determining whether a party should recover any or all fees and
costs from another p
costs from another party.
Given that this Agreement provides for mandatory mediation and
arbitration, if any party commences litigation
in violation of this provision, such party shall reimburse the other parties to the litigation for the
costs and expenses, including attorneys» fees, incurred
in seeking to abate such litigation and compel
arbitration.
If any
arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other
costs and expenses incurred
in such
arbitration or proceeding from the other party,
in addition to any other relief to which such prevailing party is entitled; provided that
in no event will the arbitrator have the authority to award punitive damages.
By creating an
arbitration agreement
in advance of any legal disputes, both parties can help prevent unnecessary legal
costs and hassles down the road.
QL surpasses Westlaw
in a few crucial ways (labour
arbitration cases for one), and regardless of whether the Law schools absorb the
cost (unlikely) or download it onto students (hmmm), I see problems on the horizon.
The lawyers surveyed said that mediation, collaborative negotiation and
arbitration are more likely to produce results that are
in the client's interest and
in the interest of the client's children than litigation, at a lower
cost and
in half the time.
We are increasingly instructed
in arbitrations to analyse
costs schedules and help marshal arguments to support claims and challenges to
costs awards.
Given discretion is so wide it is no wonder that a City partner recently confided to me that he approached
costs awards
in arbitration with the same fear as a naturist being asked to operate a barbecue.
While
arbitration is preferred to litigation
in terms of
cost, time and suitability of outcome, respondents» overall opinions of
arbitration are closer to their views of litigation than they are to their views of mediation and collaborative negotiation.
In its report «
Costs of arbitration and apportionment of costs under the SCC Rules» of February 2016, the SCC has reviewed the cost apportionme
Costs of
arbitration and apportionment of
costs under the SCC Rules» of February 2016, the SCC has reviewed the cost apportionme
costs under the SCC Rules» of February 2016, the SCC has reviewed the
cost apportionment...
Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals award
costs in international
arbitration.
Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences
in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct
in apportioning the
costs of the
arbitration and take any other appropriate measure
in order to preserve the fairness of the proceedings.
It should consider what other
costs were incurred
in bringing or defending the claim that «relate to the
arbitration» and are «for the purpose of it».
With our considerable experience
in advising clients involved
in both international
arbitration and cross-border litigation, the team at Gilbertson Davis LLP is well - placed to provide timely,
cost - effective service for fashion industry clients.
Under this principle, the successful party
in the
arbitration can recover all of its
costs from the unsuccessful party.
Interestingly, the ICC Report provides statistics on
cost decisions
in ICDR
arbitrations (see page 31).
Following an
arbitration in respect of a repudiatory breach of an operations management agreement, the Respondent
in the
arbitration was found liable to the Claimant for around US$ 12 million
in total (including
costs).
Any
costs related to personal injuries, medical care, and property damage
in the event of a railroad accident may be retrieved by a skilled Chicago railroad accident attorney through aggressive litigation or alternative dispute resolution techniques such as
arbitration or mediation.
Our lawyers handle some of the most complex, high - value and strategically important international
arbitrations in the world, working closely with our clients to determine and achieve their commercial objectives
in a quick and
cost - effective manner.
Apart from advising clients on their rights and obligations and providing sound and effective representation, we believe
in providing clients with an early understanding of the legal dispute resolution system and procedures (be it mediation,
arbitration or litigation), associated
costs, and time demands on the clients
in each case.
Arbitrations typically result
in cost savings relative to full litigation
in the traditional court system.
In these cases our litigation team relies on its experience in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of i
In these cases our litigation team relies on its experience
in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the cost of i
in arbitration and other kinds of alternative dispute resolution to give you the clear advice you need on your prospects of success, the procedure involved and the
cost of it.
Where a trial
in court might take 4 to 6 years from start to finish, securities
arbitrations can be completed
in less than a year, at less than 1/2 the
cost.
Summary: The respondent
in the
arbitration challenged a separate award on
costs,
in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...
We specialize solely
in the placement of litigation finance, Attorney Fee Insurance and Adverse
cost (fee - shifting insurance) to help manage litigation and
arbitration risk.
The same proceeding,
in an
arbitration, where discovery is limited to the exchange of documents, those
costs are totally avoided, making it economically feasible to bring smaller cases to
arbitration.
With an eye to cutting the
cost and time of complex
arbitration matters, the International Chamber of Commerce has released a revised version of its rules of to better serve businesses and governments engaged
in international commerce and investment.
A tenant may apply for an order reducing or extinguishing their liability to pay a particular administration charge
in respect of litigation
costs (ie
costs incurred, or to be incurred
in connection with proceedings before the court
in question or, if the application is made after the proceedings are concluded, before the county court; the first tier or upper tribunal; or within
arbitration proceedings or, after conclusion, the county court).
But
arbitration and mediation have much to offer: not least
in potential savings
in time and
cost — and a degree of confidentiality.
Charles acted for Soteropoulos
in an unsuccessful mediation, which was followed by an adverse
arbitration award as well as a
costs order against her.
While it is true to say that international
arbitration in London has seen an increase over recent years, that is also being infected with the ills of litigation —
cost and delay.
Various reasons have been suggested for this, such as the «front loading» of
costs pursuant to the Civil Procedure Rules (CPR), litigation aversion, excessive legal
costs and the increase
in alternative dispute resolution (ADR)(mediation as well as
arbitration).
In my personal injury practice we do very few if any
arbitrations given their
cost and delay.
Member of
arbitration team that successfully represented company
in dispute over
costs of buying out minority shareholder.
Until the new UAE Federal
Arbitration Law is enacted, enforcing an onshore Dubai - seated
arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent
in the UAE), significant delay (enforcement proceedings can take up to three years), and
costs (legal
costs are not recoverable
in the Dubai Courts).
Global
Arbitration News examines the use of third party funding
in arbitration, and answers questions such as «when is third party funding typically available» and «what are the
cost benefits»?