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Finances in international arbitration : liber amicorum Patricia Shaughnessy
Title
Finances in international arbitration : liber amicorum Patricia Shaughnessy / edited by Sherlin Tung, Fabricio Fortese, Crina Baltag.
ISBN
9789403506340
9403506342
Publication
Alphen aan den Rijn, The Netherlands : Kluwer Law International B.V., [2020]
Copyright Notice Date
©2020.
Physical Description
xxxviii, 469 pages ; 25 cm.
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.
Format
Books
Language
English
Added to Catalog
July 30, 2020
Bibliography
Includes bibliographical references and index.
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.
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