2005, Corruption and Import - Public Procurement Central

2023 Copenhagen Arbitration Day Recap: The Future of Arbitration

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. Moreover, Denmark is number 1 in the latest indices for the rule of law and perceived lack of corruption , and number 3 in the UN SDG index, which add to the attraction of Danish arbitration.

Thresholds

Thresholds Corruption Import Management

B v C: Qatar International Court’s First Decision On A Set-Aside Application

Kluwer Arbitration

JULY 18, 2024

On 5 May 2024, the Civil and Commercial Court of the Qatar Financial Centre (“Court”), rendered its judgment in B v C on a setting aside application brought under the QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). There are two important takeaways on the third ground. 171/2020 and Qatari Court of Appeal No.

Consulting

Consulting Import Accountability IT

Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

DECEMBER 26, 2023

It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. The Malaysian Arbitration Act 2005 (“the Act”) was previously amended in 2018, aligning it with the revisions of the UNCITRAL Model Law and the evolving practices of leading arbitration jurisdictions.

Influencing

Influencing Efficiency Leadership Innovation

An Australian Maritime Dispute in London: Can the Hague-Visby Rules Render an Arbitration Agreement Null and Void?

Kluwer Arbitration

MAY 2, 2024

In Jindal Iron and Steel Co Ltd v Islamic Solidarity Shipping Co Jordan Inc [2005] 1 WLR 1363; [2005] 1 All ER 175 (“ Jindal ”), the House of Lords held that the carrier’s obligation to load “properly and carefully” applies only to the extent that the agreement provides for those functions to be performed by the carrier.

Balance

Balance Manufacturing Corruption IT

Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Kluwer Arbitration

JUNE 11, 2024

Against this backdrop, some important lessons can be drawn for practitioners. VR Van Raalte Reclame , 2005). Identifying who may be liable is therefore of paramount importance. The ruling casts further light on the standard of judicial review applicable to annulment proceedings in France.

Distribution

Distribution Price Negotiation Manufacturing

An End to the Taisei Saga in Pakistan

Kluwer Arbitration

JUNE 25, 2024

By virtue of Section 1(4) of the 2011 Act, the law applies retrospectively to foreign awards made from and after July 14, 2005, the date when Pakistan ratified the New York Convention 1958 through a Presidential ordinance. Moreover, this judgment underscores the importance of distinguishing between domestic and foreign arbitral awards.

Efficiency

Efficiency Corruption IT Government

Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

Kluwer Arbitration

FEBRUARY 5, 2024

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“ Judgment ”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. This makes the Judgment an important exposition of law in the field of arbitration for India. Indo Unique Flame Ltd.

Import

Import Balance Contract Insurance

2019 Hague Convention: On UK Accession and the Convention’s Interplay with International Arbitration

Kluwer Arbitration

SEPTEMBER 2, 2024

Consequently, the HCCH’s ambition had to be curtailed, so the HCCH temporarily settled for adopting the Convention of 30 June 2005 on Choice of Court Agreements (“Choice of Court Convention”). The HCCH hence viewed the Choice of Court Convention as an important achievement, albeit one that required additional budling blocks.

Contract

Contract IT Import Capacity

English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Kluwer Arbitration

MARCH 20, 2024

Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. The Tribunal took the view unanimously that the purported transfer occurred by operation of law pursuant to the Japanese statute. However, the availability of de novo review under s.

Insurance

Insurance Contract Import Thresholds

Governing Law of Arbitration Agreements Arising From Standing Offers to Arbitrate in Treaties and Foreign Legislation: The Exception to the Default Rule Under the English Arbitration Bill

Kluwer Arbitration

OCTOBER 10, 2024

In July 2024 the new government reintroduced the Arbitration Bill with an important change. English courts have generally taken the view that the arbitration agreement is governed by international law (see for example Ecuador v Occidental Exploration and Production [2005] EWCA Civ 1116).

Government

Government Government Contract Corruption

Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In

Kluwer Arbitration

OCTOBER 26, 2023

The dispute concerns a 2005 contract for satellite spectrum capacity and satellite-broadcast wireless access services. It held that the existence of a foreign arbitral award does not justify importing foreign laws or principles into Quebec law. The underlying dispute in this matter is a saga with which readers might be familiar.

Insurance

Insurance Government Government IT

The Law Governing the Effects of Insolvency in Arbitration: Is UNCITRAL Getting it Wrong? – Part II

Kluwer Arbitration

NOVEMBER 25, 2024

That is, Article 20 MLCBI triggers an automatic stay in its own right and does not import the effects of the law governing the foreign insolvency proceedings. It imposes its own relief, which might be more or less stringent than the lex fori concursus (UMLCBI with Guide to Enactment and Interpretation , para.

IT

IT Government Government Capacity

Paris Court of Appeal Sets Aside ICC Arbitral Award in a USD 15 Billion Dispute Due to the Irregular Constitution of the Arbitral Tribunal

Kluwer Arbitration

OCTOBER 27, 2024

More specifically, the dispute arose out of the conclusion and performance of a settlement agreement signed by the parties on 28 April 2005, which was meant to resolve the parties’ differences relating to their participation in a consortium established in the 1990s. and Telecom Italia Finance S.A. together “Telecom Italia”).

Import

Import Telecommunication Finance Corruption

ITA Americas Initiative Hosts Innovative Forum on Latin American Arbitration in New York

Kluwer Arbitration

NOVEMBER 18, 2024

He emphasized the importance of creating more interactive spaces like the forum, where participants can openly share ideas without the constraints of traditional speaker-led presentations. The importance of understanding these nuances was emphasized, particularly for parties drafting arbitration agreements involving Chinese counterparts.

Innovation

Innovation Participation Influencing Negotiation

Interviews with Our Editors: In Conversation with Sir David Williams

Kluwer Arbitration

JANUARY 21, 2025

Since 2005, Sir David has been consistently praised as one of the worlds outstanding commercial arbitrators, and in recognition of his outstanding contribution to the development of arbitration law and practice in New Zealand and internationally, was awarded a Knighthood by Queen Elizabeth II in 2017.

Import

Import Capacity Education IT

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 1 (January 2025)

Kluwer Arbitration

FEBRUARY 22, 2025

However, the Court found that the Tribunal had failed to decide an important issue put by the parties. The Court also dismissed the applicants due process objection, based on an alleged lack of a reasonable opportunity to present its case, since it had not raised this complaint during the arbitration. Korea Rail Network Authority v.

Participation

Participation IT Corruption Evaluation

Public Procurement Central

2023 Copenhagen Arbitration Day Recap: The Future of Arbitration

B v C: Qatar International Court’s First Decision On A Set-Aside Application

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Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

An Australian Maritime Dispute in London: Can the Hague-Visby Rules Render an Arbitration Agreement Null and Void?

Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

An End to the Taisei Saga in Pakistan

Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

2019 Hague Convention: On UK Accession and the Convention’s Interplay with International Arbitration

English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Governing Law of Arbitration Agreements Arising From Standing Offers to Arbitrate in Treaties and Foreign Legislation: The Exception to the Default Rule Under the English Arbitration Bill

Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In

The Law Governing the Effects of Insolvency in Arbitration: Is UNCITRAL Getting it Wrong? – Part II

Paris Court of Appeal Sets Aside ICC Arbitral Award in a USD 15 Billion Dispute Due to the Irregular Constitution of the Arbitral Tribunal

ITA Americas Initiative Hosts Innovative Forum on Latin American Arbitration in New York

Interviews with Our Editors: In Conversation with Sir David Williams

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 1 (January 2025)

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