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In Arbitration Procedure

Adjustment of the Decision on Arbitration Costs for a Declined Calderbank Offer

by 7 Mins Read

As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process for the allocation of costs with the principle that the unsuccessful party has to pay for the successful party (so-called “costs follow the event”). That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration” (“ICC Report”).[1] From this starting point, the ICC Report suggests, tribunals factor in other elements before they reach…

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In Asia-Pacific

“Costs Follow the Event” International Gold Standard for the Allocation of Costs According to ICC Report

by 5 Mins Read

The costs of international arbitration can be substantial. At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration? Against this background, the ICC Commission’s Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion. The results were compiled in the ICC Commission Report “Decisions on Costs in…

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In Arbitration Procedure

How much is too much? Rules for pre-appointment interviews between a party and a potential arbitrator

by and 6 Mins Read

“Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand the person who will ultimately decide about the future of their company.” If a party’s counsel asks the potential arbitrator such a question at the end of a first telephone call, many will intuitively decline the request with a quick “No, that is impossible!”. Too overwhelming is the strict ban of ex-parte communications in international arbitration. But…

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In Arbitration Procedure

Parties’ Preferences in International Arbitration: The Latest Statistics of the Leading Arbitral Institutions

by and 7 Mins Read

Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list of local and truly international arbitral institutions. In an earlier post, we have already examined if it makes a difference whether parties choose one arbitral institution or the other. In this blog post, we compile the latest statistics on the annual caseload of the institutions and we make a short analysis of the numbers. The institutions find…

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