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Finances in International Arbitration: Liber Amicorum Patricia Shaughnessy by BALTAG

Finances in International Arbitration: Liber Amicorum Patricia Shaughnessy

Edited by Sherlin Tung, Fabricio Fortese, Crina Baltag
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Overview

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 Dr 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 Dr Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday.

What’s in this book:

The contributions in this dedication to Dr Shaughnessy’s legacy look at issues such as the following:

  • costs of court proceedings versus arbitration proceedings;
  • fee arrangements with legal counsel;
  • costs of commercial versus investment arbitration;
  • how to deal with in-house costs in international arbitration;
  • impact of tribunal secretaries in international arbitration;
  • cost sanctions in international arbitration;
  • damages in international arbitration.

The contributors offer proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings.

How this will help you:

The analysis and views offered by leading scholars and practitioners on current issues arising out of costs of arbitration will offer readers a unique perspective on various aspects of the finances involved in arbitration. This book will provide insightful thoughts and practical guidance for academics and practitioners in the field of international arbitration. As an interesting multi-contributor work on finances in international arbitration, the book will complement the existing arbitration offering and fill the obvious gap in the international commercial arbitration market.

 

Publish Date 11/21/2019
Product Line Kluwer Law International
ISBN 9789403506340
SKU 10070175-0002
Table of Contents

Editors

Contributors

Foreword

CHAPTER 1
In-House Counsel and Recoverability of Costs in International Arbitration: Time for a Clear-Cut Position?
Crina Baltag

CHAPTER 2
Cost Sanctions for Delaying Tactics in International Arbitration
Klaus Peter Berger

CHAPTER 3
Costs Allocation in International Arbitration: What Normative Source, If Any?
George A. Bermann

CHAPTER 4
Rethinking “Pathological” Arbitration Clauses: Validating Imperfect Arbitration Agreements
Gary Born & Matteo Angelini & Carina Alcoberro Llivina

CHAPTER 5
Awarding Damages to Expropriated Parties
Petra Butler

CHAPTER 6
How Heuristics Misshape Reasoning and Lead to Increased Costs in Arbitration
Anthony Daimsis

CHAPTER 7
Third-Party Funding: The Award of Costs and Security for Costs
John Fellas

CHAPTER 8
Allocation of Costs in International Arbitration: A Comparative Analysis of Approaches in International Commercial Arbitration and Investment Treaty Arbitration
Steven P. Finizio & Ross Galvin

CHAPTER 9
Breach of Arbitration Agreements: Should Parties Be Disciplined with Indemnity Costs?
Fabricio Fortese

CHAPTER 10
Courts or Tribunals?
Kaj Hobér

CHAPTER 11
Should the Place of Arbitration Be a Factor in Determining the Costs of International Arbitration Proceedings?
James Hope

CHAPTER 12
The Tribunal Secretary: Is It Impact on the Cost of Arbitration?
Hu Li

CHAPTER 13
Costs Follow the Event: Or Rather the Events
Pierre Karrer

CHAPTER 14
Should Parties Disclose the Existence of a Third-Party Funder? (Disclosure and Conflicts of Interest)
Richard Kreindler & Aren Goldsmith

CHAPTER 15
Arbitrating Post-cartel Damages Claims in the European Union: Taking Stock
Stefan Kröll

CHAPTER 16
Costs in International Arbitration: Can Costs Be Controlled?
Julian D.M. Lew QC

CHAPTER 17
Third-Party Funding in International Arbitration: Views from a Conflict-of-Law Perspective and Beyond
Alberto Mazzoni

CHAPTER 18
Climate Change Financing and Dispute Resolution
Wendy J. Miles QC & Nicola Swan

CHAPTER 19
The Enforcement of International Arbitration Awards: Synergy and Complementarity of Enforcement Mechanisms
Sophie Nappert & Giammarco Rao

CHAPTER 20
Trust and Transparency in Arbitrator Time Reporting
Robin Oldenstam & Jakob Ragnwaldh

CHAPTER 21
Security for Costs: Overview of ICSID Case Law
Martina Polasek & Celeste E. Salinas Quero

CHAPTER 22
Does a Party Save Costs when Turning to International Arbitration over Litigation?
Pirkka-Marja Põldvere & Lars Nümann

CHAPTER 23
Security for Costs in the SCC Rules
Johan Sidklev

CHAPTER 24
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

Index

Volumes