Not exact matches
Earlier statistics
regarding ICC cost decisions seem to suggest that
arbitral tribunals in most cases start with the rule «costs follow the event» but in the end decide that each party has to bear its own costs.
At the same time, an
arbitral tribunal has a broad discretion
regarding the question: Which party has to bear the costs of the arbitration?
Since the disagreement of the parties concerned the interpretation of the provisions in the BIT
regarding the jurisdiction of the
arbitral tribunal, the Svea Court of Appeal made its own interpretation applying the Vienna Convention.
Overview Following debate within the arbitration community
regarding the proper scope of the role of a
tribunal secretary and a series of challenges to
arbitral...
Decisions of judicial bodies may be
regarded as carrying greater (political rather than legal) authority than that of
arbitral tribunals.
With
regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the
arbitral tribunal considers appropriate.
Where there is no agreement as to the place of arbitration, the place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless the
arbitral tribunal determines, having
regard to the circumstances of the case, that another seat is more appropriate.
During the course of the
arbitral proceedings, a party may amend or supplement its claim or defence, including a counterclaim or a claim for the purpose of a set - off, unless the
arbitral tribunal considers it inappropriate to allow such amendment or supplement having
regard to the delay in making it or prejudice to other parties or any other circumstances.
In the commercial context, if allegations of behaviour which is unlawful (or contrary to public policy) are raised before the
arbitral tribunal, it will have to consider the consequences under the applicable law, and may also be required to have
regard to the potential impact of the mandatory law and public policy of the
arbitral seat and the place of performance of any relevant agreement, as well as transnational public policy.
I've read You have mentioned consequences related to jurisdiction of the
arbitral tribunals, I suppose with
regard to art. 30 VCLT.
However, the restrictions imposed on the
arbitral tribunal with
regard to individuals or corporations based outside the United Kingdom also apply to the exercise of this power by the court.
(c) by the
arbitral tribunal if so authorised by the parties, or determined, in the absence of any such designation, having
regard to the parties» agreement and all the relevant circumstances.»