Kluwer Arbitration

NOVEMBER 17, 2024

Legal scholars and courts debated whether public entities needed explicit legislative authorization to arbitrate or whether the state’s capacity to contract inherently allowed for arbitration. TMC Terminal Multimodal de Coroa Grande SPE S/A ) by STJ in 2006. 11.308/DF ( União v. 11.308/DF ( União v.

Participation 52

Participation Corruption Telecommunication Contract 52

Kluwer Arbitration

FEBRUARY 13, 2024

It is mostly based on the 2006 edition of the UNCITRAL Model Law on International Commercial Arbitration (“2006 UNCITRAL Model Law”) but contains certain important differences. Specific Privileges for Institutional Arbitration Unlike the 2006 UNCITRAL Model Law (UNCITRAL Model Law, Arts. 17C(4)). (See

Corruption 52

Corruption Import Capacity Contract 52

Kluwer Arbitration

FEBRUARY 20, 2024

The conditions set out in Article 223 are not in contradiction with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“ New York Convention ”), which the UAE became a member of in 2006. and the absence of authority is not per se a question of capacity, there is largely a consensus that Article V.1(a)

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

FEBRUARY 25, 2024

In February 2023, Greece introduced a new arbitration law that ‘ can be seen as a rather moderate version of ’ the 2006 UNCITRAL Model Law (“Model Law”). This piece was prepared by the author in her capacity as an Associate Editor of the Kluwer Arbitration Blog.

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

Kluwer Arbitration

JANUARY 23, 2024

The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves. The court found that the awards were obtained by fraud in a manner that was contrary to England’s public policy.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

APRIL 28, 2024

Background According to the Judgment , between 2006 and 2012, Gabriele settled three family trusts on nearly identical terms. This post examines the main takeaways from a decision that spotlights the Bahamas as a leading light for trust arbitration in the Caribbean and beyond. 91 of the Trustees Act.

Distribution 52

Distribution Capacity Corruption IT 52

Kluwer Arbitration

SEPTEMBER 26, 2023

First, the anonymity of metaverse users makes it difficult to ascertain the users’ legal capacity to enter into an arbitration agreement as per the applicable law. Second, user-platform disputes may involve arbitration clauses which are one-sided in nature or unconscionable, especially in the business-to-consumer context.

Electronics 40

Electronics Contract Capacity Corruption 40