After the fall of communism, Hungary embraced modern arbitration law. Act LXXI of 1994 (“the Arbitration Law") created a comprehensive legal regime for both domestic and international arbitration,…
and Oleg Temnikov
Purpose of security for costs
Security for costs falls into the category of provisional measures and is regulated by Article 47 of the ICSID Convention and Arbitration Rule 39. Its…
co-authored by Georg von Segesser and Mirina Grosz, Schellenberg Wittmer Ltd.
In a recent decision, the Swiss Federal Tribunal rejected an appeal to set aside a final award of the Court of…
and Oleg Temnikov
1. Approaches to cost allocation
There are, generally, two approaches to costs allocation (“CA”), namely:
(1) pay your own way (“PYOWA”) whereby the parties share the costs of the…
Has the number of bad faith challenges against arbitral awards increased? Is there a need to better control parties and their counsel, and to sanction them should they not play by the rules?
The…
The Austrian Supreme Court (OGH) confirmed that an arbitrator who is dismissed during the arbitration by a state court because of conflict of interest before the award is rendered may recover…
2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration…
The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen.
Guidelines 26 and 27 of the IBA…
It is not uncommon to see the losing party of an ICSID arbitration filing a frivolous request for annulment merely to engage the opposing party in settlement negotiations. Another frequent abuse of…