2001 and Corruption - Public Procurement Central

Italian Arbitration Day: The Geography of International Arbitration

Kluwer Arbitration

JULY 1, 2024

Over time, other players have emerged, such as China, which entered the global economy in 2001 with the U.S. Nigeria arbitral award and the issue of fraud and corruption. Patocchi spoke about the issue of a challenges to awards on grounds of corruption or fraud tainting the proceedings. He referred to Prof.

Corruption

Corruption Export Import Transparency

Kluwer Arbitration Blog: Celebrating 15 Years!

Kluwer Arbitration

JANUARY 27, 2024

With the successful launch of Kluwer Arbitration database in 2001, we thought it would be beneficial to also offer a blog that would generate interesting commentary on the latest developments in the field of international commercial arbitration. Watch out for the announcement and very much look forward to seeing everybody in Hong Kong!

Corruption

Corruption Quality Data Participation

I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

JUNE 9, 2024

The Helow approach is consistent with the statement of principle of the Privy Council in Miller v Dickson [2001] UKPC D 4 : “The appearance that justice is being done is as important as the actual doing of justice. The views expressed in this post are the author’s own.

Insurance

Insurance Influencing Import Balance

The Eco Oro and Red Eagle Awards: Recent Divergence on How to Interpret Fair and Equitable Treatment Clauses Linked to the Minimum Standard of Treatment

Kluwer Arbitration

JULY 22, 2024

In recent years, many States have signed investment treaties containing this type of clause based on the US Model BIT (2004), which itself reflects NAFTA case law following the FTC 2001 Note of Interpretation , which clarified that tribunals must apply the MST and no other standard.

Thresholds

Thresholds Influencing Corruption Transparency

Inquisitorial Processes, or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?”

Kluwer Arbitration

NOVEMBER 8, 2023

There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.

Import

Import IT Corruption Participation

When Is a “Final” Award Truly Final? The Case of Voltas Ltd v York International Pte Ltd

Kluwer Arbitration

AUGUST 5, 2024

More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

IT

IT Corruption Demand

Bahrain Court of Cassation Explains the Effects of Mediation on the Arbitration Agreement

Kluwer Arbitration

JANUARY 22, 2024

This would be in line with article 125 of the Civil Code 19 of 2001 which addresses the interpretation of contracts. The Bahraini courts also seem to be willing to adjust and uphold pathological dispute resolution clauses so long as they can make sense of what the parties must have wanted.

Influencing

Influencing Contract IT Corruption

California International Arbitration Week 2024: The Latest Developments of International Arbitration in China—Focus on Sino-U.S. Commercial Dispute Resolution

Kluwer Arbitration

APRIL 11, 2024

In 2001, the SCIA developed its first arbitration case-management network; in 2008, it created an online commercial dispute resolution platform in cooperation with the Alibaba Group, which was implemented in online marketplaces. Version 1.0 of SMART Arbitration was a stand-alone case management software.

Electronics

Electronics Management Efficiency Networking

New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation

Kluwer Arbitration

DECEMBER 5, 2023

More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here.

Ethics

Ethics Efficiency Participation Telecommunication

Inquisitorial Processes, Or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?

Kluwer Arbitration

NOVEMBER 27, 2023

There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.

Import

Import IT Corruption Participation

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

MAY 22, 2024

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance

Balance Impact Assessment Participation IT

State-Funded Arbitration Institutions and Responsibility under International Law: The Case of Istanbul Arbitration Centre

Kluwer Arbitration

OCTOBER 2, 2023

A Review Under the Rules of Attribution of Conduct In relation to the first question, guidance can be found in the Draft Articles on Responsibility of States for Internationally Wrongful Acts ( Draft Articles ) adopted by the UN International Law Commission in 2001.

Finance

Finance Influencing Capacity Corruption

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

MAY 24, 2024

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance

Balance Impact Assessment Participation IT

The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

FEBRUARY 10, 2024

In July 2001, state parties to the North Atlantic Free Trade Agreement (“NAFTA”) issued a joint interpretation , limiting the FET under NAFTA to the minimum standard of treatment under customary international law. States have taken three approaches to prevent what they consider to be an expansive interpretation of the FET.

Balance

Balance Negotiation Thresholds Ethics

Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

MARCH 25, 2024

More recent advancements in Mongolia’s international investment initiatives include the Canada-Mongolia BIT (2016) and Japan-Mongolia Economic Partnership Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001) ).

Transparency

Transparency Negotiation Price Export

2023 Washington Arbitration Week Recap: The Interplay Between ICJ and ISDS, the Eyes of International Adjudication Are Humanized

Kluwer Arbitration

FEBRUARY 15, 2024

2001-4, Partial Award, 17 March 2006. 2001-4, Partial Award, 17 March 2006. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Influencing

Influencing IT Negotiation Corruption

Italian Arbitration Day: The Geography of International Arbitration

Kluwer Arbitration Blog: Celebrating 15 Years!

I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

The Eco Oro and Red Eagle Awards: Recent Divergence on How to Interpret Fair and Equitable Treatment Clauses Linked to the Minimum Standard of Treatment

Inquisitorial Processes, or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?”

When Is a “Final” Award Truly Final? The Case of Voltas Ltd v York International Pte Ltd

Bahrain Court of Cassation Explains the Effects of Mediation on the Arbitration Agreement

California International Arbitration Week 2024: The Latest Developments of International Arbitration in China—Focus on Sino-U.S. Commercial Dispute Resolution

New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation

Inquisitorial Processes, Or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

State-Funded Arbitration Institutions and Responsibility under International Law: The Case of Istanbul Arbitration Centre

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

The Faith of the Fair and Equitable Treatment Clause in Africa

Mongolia: Investment Related Developments in the Mining Sector

2023 Washington Arbitration Week Recap: The Interplay Between ICJ and ISDS, the Eyes of International Adjudication Are Humanized

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