tag:blogger.com,1999:blog-5935901080461239863.post673571189989710310..comments2023-04-03T00:12:54.025-07:00Comments on José María Abascal: Cost and Damages in Interim MeasuresJose Maria Abascalhttp://www.blogger.com/profile/11827128303053227211noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5935901080461239863.post-44540584694768633232015-11-03T11:11:57.573-08:002015-11-03T11:11:57.573-08:00Regarding agreements on costs, one should be cauti...Regarding agreements on costs, one should be cautious and don't forget that it may be exceptions. For instance, the in the UK "[I]n advance of the dispute, parties may not by contract forbid an arbitrator from allocating costs on the basis of who won and who lost. " <br /><br />Section 60, Arbitration Act of 1996: "An agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event is only valid if made after the dispute en question has arisen" <br /><br />Park comments that "[T]he rule's most understandable application lies in an anti-abuse mechanism that would require weaker parties to pay all costs, thus discouraging otherwise legitimate claims. <br /><br />William Park 'Arbitration of International Business Disputes', Second Edition, Oxford, Kindle Edition, Location 4349 of 30427 and footnotes 90 and 91 <br />Jose Maria Abascalhttps://www.blogger.com/profile/11827128303053227211noreply@blogger.comtag:blogger.com,1999:blog-5935901080461239863.post-54663924318897685732015-11-03T11:11:03.174-08:002015-11-03T11:11:03.174-08:00Some ideas may not fit in the text. New comments ...Some ideas may not fit in the text. New comments and notions arise after publication. I will use the comments as if they were footnotes.Jose Maria Abascalhttps://www.blogger.com/profile/11827128303053227211noreply@blogger.com