Kluwer Arbitration

JULY 17, 2024

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process.

Thresholds 98

Thresholds Import Contract IT 98

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. In this respect, the panelists referred to the well-known saying “ the most important thing is not to win but to participate ”. This does not cover field of play matters (i.e., Finally, Prof.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

FEBRUARY 28, 2024

This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents. This new approach is an important development towards establishing Pakistan’s pro-enforcement bias. Mutual Marine Offices, Inc. , 2d 362 (S.D.N.Y. NHA 2023 CLD 1365.

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

OCTOBER 6, 2024

The first arbitral awards over the matter arising out of the Argentine financial crisis 2001/2002 are prominent for their contradictory outcome (see in particular CMS v Argentina , Sempra v Argentina , Enron v Argentina on the one hand, and LG&E v Argentina on the other hand).

Thresholds 52

Thresholds IT Utilities Corruption 52

Kluwer Arbitration

JUNE 23, 2024

It has supplied assistance in 20% of all WTO disputes since 2002 and, according to a report by the Columbia Center on Sustainable Investment (the “CCSI report”), it is widely credited “with substantially supporting access to the WTO’s dispute resolution mechanisms by developing countries and [Least Developed Countries]” (p. 43 and 85).

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. There remains an inclination among state courts to meddle in contracts, often exceeding their role and sidelining original agreements.

Contract 52

Contract Balance Negotiation Insurance 52