Law Innovations (Philippines)

Updates in Philippine law, upgrades for the Filipino lawyer

Archive for the ‘Foreign law’ Category

International Chamber of Commerce Revises Arbitration Costs

Posted by Oli Reyes on April 27, 2010

A heads up from our friend and emerging international arbitration specialist Jun Bautista. For those involved in arbitration practice, some important news out there. The International Chamber of Commerce, the largest business organization in the world and one of the leading providers of arbitration services worldwide, will be revising its arbitration costs effective 1 May 2010. This will be the first time since January of 2008 that the ICC will be revising its arbitration costs.

From the ICC website, an overview of the revised costing:

“The revision does not change ICC’s traditional method of calculating administrative costs and arbitrators’ fees on the basis of the amount in dispute. However, the rates applicable to each ‘slice’ of the amount in dispute have been adjusted. An increase averaging 0.14 of a percentage point has been applied to most slices…As an example of changes resulting from the new scales, the advance on costs requested in a case valued at US$ 1 million submitted to a sole arbitrator might rise to US$ 61,093 from US$ 56,485 presently, and the advance in a case valued at US$ 25 million submitted to a tribunal of three arbitrators, to US$ 480,989 instead of US$ 447,730 presently (these examples do not include arbitrators’ expenses)”

The revised costs, as reflected in Appendix III of the ICC Rules of Arbitration, may be found here (PDF).


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The Most Important U.S. Anti-Discrimination Law In the Last Two Decades

Posted by Oli Reyes on November 16, 2009

The U.S. Genetic Information Nondiscrimination Act has been called by the New York Times as “the most important new antidiscrimination law in two decades”. It was enacted in 2008, but takes effect only next week.

The two most prominent targets of the new law are employers and health insurers. The GINA prohibits employers from requiring genetic testing or taking into account one’s genetic background for purposes of hiring, firing or promotion. Health insurers from using such genetic information or requiring genetic testing in order to deny coverage or increase/decrease health premiums.

In this age where genetic information is increasingly more intimate in revealing one’s biological makeup and future, people of have become more queasy in divulging their personal genetic information. The GINA alleviates these fears and imposes restrictions on how such information can be used to inflict pecuniary pain. The GINA likewise aligns with the very concerns that led to the recognition to a constitutional right to privacy — the right to be let alone.

It is easy to foresee that similar legislation will emerge in the Philippines, especially for the purpose of enforcing similar restrictions on the health insurance industry. Such legislation will generally be popular, privacy rights being concerns that held close to one’s heart.

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