Finances in international arbitration : liber amicorum Patricia Shaughnessy / edited by Sherlin Tung, Fabricio Fortese, Crina Baltag.

Format:

Book

Contributor:

Tung, Sherlin, editor.

Fortese, Fabricio, editor.

Baltag, Crina, editor.

Language:

English

Subjects (All):

International commercial arbitration.

Costs (Law).

Arbitration and award.

Physical Description:

1 online resource (456 pages)

Place of Publication:

Alphen aan den Rijn, The Netherlands : Wolters Kluwer, [2020]

Summary:

Finances in International Arbitration' focuses on various aspects of finances of arbitration, such as evaluating the costs of disputes, arbitral institution costs, financing of disputes, recovery of costs of arbitration and other related financial matters. Costs of arbitration have always been a main concern in international arbitration. It is a topic most often discussed and analysed. In spite of the recent developments in third-party funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. This book celebrates the career of Patricia Shaughnessy, in particular, for the establishment of the top-ranked Masters of Law (LLM) programme in International Commercial Arbitration at Stockholm University. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Patricia Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday.

Contents:

In-house counsel and recoverability of costs in international arbitration: time for a clear-cut position? / Crina Baltag

Cost sanctions for delaying tactics in international arbitration / Klaus Peter Berger

Costs allocation in international arbitration: what normative source, if any? / George A. Bermann

Rethinking "pathological" arbitration clauses: validating imperfect arbitration agreements / Gary Born, Matteo Angelini, Carina Alcoberrro Llivina

Awarding damages to expropriated parties / Petra Butler

How heuristics misshape reasoning and lead to increased costs in arbitration / Anthony Daimsis

Third-party funding: the award of costs and security for costs / John Fellas

Allocation of costs in international arbitration: a comparative analysis of approaches in international commercial arbitration and investment treaty arbitration / Steven P. Finizio, Ross Galvin

Breach of arbitration agreements: should parties be disciplined with indemnity costs? / Fabricio Fortese

Courts or tribunals? / Kaj Hobér

Should the place of arbitration be a factor in determining the costs of international arbitration proceedings? / James Hope

The tribunal secretary: is it impact on the cost of arbitration? / Hu Li

Costs follow the event: or rather the events / Pierre Karrer

Should parties disclose the existence of a third-party funder? (Disclosure and conflicts of interest) / Richard Kreindler, Aren Goldsmith

Arbitrating post-cartel damages claims in the European Union: taking stock / Stefan Kröll

Costs in international arbitration: can costs be controlled? / Julian D.M. Lew

Third-party funding in international arbitration: views from a conflict-of-law perspective and beyond / Alberto Mazzoni

Climate change financing and dispute resolution / Wendy J. Miles, Nicola Swan

The enforcement of international arbitration awards: synergy and complementarity of enforcement mechanisms / Sophie Nappert, Giammarco Rao

Trust and transparency in arbitrator time reporting / Robin Oldenstam, Jakob Ragnwaldh

Security for costs: overview of ICSID case law / Martina Polasek, Celeste E. Salinas Quero

Does a party save costs when turning to international arbitration over litigation? / Pirkka-Marja Pöldvere, Lars Nümann

Security for costs in the SCC rules / Johan Sidklev

Allocating costs in international arbitration: do alternative fee arrangements with counsel require alternative considerations? / Gretta L. Walters

Afterward: The day the arbitration world stood still / Michael Mcilwrath.

Notes:

Description based on print version record.

ISBN:

94-035-0650-4

94-035-0642-3