Finances in International Arbitration: Liber Amicorum Patricia Shaughnessy
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.
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In-House Counsel and Recoverability of Costs in International Arbitration: Time for a Clear-Cut Position?
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 Alcoberro Llivina
Awarding Damages to Expropriated Parties
How Heuristics Misshape Reasoning and Lead to Increased Costs in Arbitration
Third-Party Funding: The Award of Costs and Security for Costs
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?
Courts or Tribunals?
Should the Place of Arbitration Be a Factor in Determining the Costs of International Arbitration Proceedings?
The Tribunal Secretary: Is It Impact on the Cost of Arbitration?
Costs Follow the Event: Or Rather the Events
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
Costs in International Arbitration: Can Costs Be Controlled?
Julian D.M. Lew QC
Third-Party Funding in International Arbitration: Views from a Conflict-of-Law Perspective and Beyond
Climate Change Financing and Dispute Resolution
Wendy J. Miles QC & 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 Põldvere & Lars Nümann
Security for Costs in the SCC Rules
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