The filing of a Request for Arbitration in an ICSID arbitration implies an obligation for the parties to pay several costs needed for the arbitral proceedings. In addition to the legal fees for the parties’ legal representation, and additional party costs such as the cost of experts, and the payment of a non-refundable lodging fee […]
Prolongation Claims in Construction Arbitration: Heads of Costs That May Be Claimed
“Prolongation claims”, sometimes known as “delay claims”, are a common feature of construction disputes. The expression “prolongation claim” or “delay claim” is generally used to describe a monetary claim which follows from a delay to project completion. These claims should be distinguished from a “disruption claim”, which is generally used to describe a monetary claim […]
Arbitration in Quebec
Arbitrations seated in Canada are regulated primarily by provincial rather than federal legislation. Each of Canada’s provinces, except for Quebec, has enacted legislation adopting the UNCITRAL Model Law. In Quebec, the Civil Code and Code of Civil Procedure are consistent with the UNCITRAL Model Law. In addition, each province has legislation to regulate domestic commercial […]
William Kirtley and Marina Sim Comment on Taxes and Investment Arbitration
William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]
Construction Arbitration Claim Strategy: When to Bring a Construction Claim in Arbitration and the Issues to Be Considered
Whether to bring a construction claim in arbitration depends on a number of factors that should be considered. If these issues are honestly considered at the outset of a construction dispute that is to be resolved by arbitration, they should lead to a sound conclusion as to the whether the construction claims should indeed be […]