The following Arbitration practice note produced in partnership with Courtney Lotfi of Dentons provides comprehensive and up to date legal information covering:
CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.
This Practice Note considers fees, advances and costs under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021, unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg, in the arbitration clause).
For information on:
the ICC’s costs as an appointing authority, see Practice Note: ICC as appointing authority
the fees of key arbitral institutions, including the ICC, see Practice Note: Costs and fees of key arbitral institutions
the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview
The costs of ICC arbitration include:
the tribunal’s fees and expenses
ICC administrative expenses, fixed by the ICC Court
tribunal appointed experts' fees and expenses, and
parties' reasonable legal and other costs (ICC, art 38)
Costs under the ICC Rules and alternative dispute resolution (ADR) rules of the ICC are notoriously 'front loaded'. It is, therefore, important to understand the various
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Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care
Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose
Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a
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