Notion of the Duty to Mitigate Damages Along with contributory negligence, a duty to mitigate damages is considered as a “compensation-reducing”[1] factor. However, contrary to contributory negligence, the duty to mitigate damages arises only after the breach of an international obligation. It implies an obligation for an aggrieved party to “take steps to minimize his loss, on […]
International Arbitration in Singapore
Arbitration in Singapore has been developing in line with Singapore becoming a financial and legal hub and one of the major centres for international arbitration in Asia and in the world. Arbitration is governed by two separate legal regimes. Domestic arbitration is governed by Arbitration Act (Cap. 10) 2002 (“Arbitration Act”), while international arbitration is […]
Advance on Costs in ICC Arbitration
In ICC arbitration, usually upon receipt of the Answer on the Request for Arbitration or the expiry of the time limit for it[1], the Parties are required to pay an advance on costs. This payment is paramount “for the purpose of securing in advance the financial resources necessary for carrying out the arbitration procedure.”[2] The advance […]
International Arbitration in Angola
Angola, which has one of the largest economies in sub-Saharan Africa, has recently modernized its legislation and is opening up to international arbitration as part of a wider legal reform. Arbitration in Angola is governed by the Law No. 16/03 of 25 July 2003 also known as the “Voluntary Arbitration Law” or the “VAL”. The VAL […]
Third Party Funding in International Arbitration
What Is Third Party Funding? Third party funding is a procedure by which a third party to an arbitration provides financial means to a party whom lacks financial resources to initiate it. The funding provided will be used to cover the party’s legal fees and expenses related to an arbitration. In return, the funder receives […]