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 […]
How to Initiate 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 […]
Disclosure of Third-Party Funding Agreements in International Arbitration
One heated debate concerning third-party funding in international arbitration is the disclosure of third-party funding, as third-party funders may be acting behind the scenes to finance an arbitration. Whether disclosure extends only to the funder’s identity or also to the integrality of the funding agreement, the question of disclosure is relevant to achieve a balance […]
Third-Party Funding under ICSID Amendments: Balance Between States’ and Investors’ Interests
Over the past decade, the use of Investor-State Dispute Settlement (“ISDS”) mechanisms to challenge public policies has been a topic of attention and pressure from Non-Governmental Organizations and States to reform ISDS has increased.[1] This has led to proposals for amendment of the ICSID Rules. Working Paper #3, containing the latest proposals, may be found […]
The Recoverability of Arbitration Costs
Costs tend to be a major concern for users of international arbitration. However, a successful party may recover them in full or in part, including the costs of legal representation. In this respect, both national arbitration legislation and institutional rules generally grant arbitrators the power to award the costs. Though the UNCITRAL Model Law is […]