Kluwer Arbitration

SEPTEMBER 18, 2024

It aims at strengthening the competitiveness of Germany as an arbitral seat, taking into account the 2006 update of the UNCITRAL Model Law (“2006 Model Law”) as well as reforms in neighbouring states, such as Switzerland , Austria and France , while not specifically addressing the ongoing reform process of the English Arbitration Act.

IT 52

IT Electronics Efficiency Import 52

Kluwer Arbitration

AUGUST 21, 2024

The Arbitration Law largely mirrors the 2006 UNCITRAL Model Law, thereby aligning Ethiopian law with a model that has been widely adopted by countries around the world. It has introduced major changes that enhance respect for party autonomy and limit court intervention, including limiting the grounds for setting aside awards.

Retail 97

Retail Export Import Corruption 97

Kluwer Arbitration

AUGUST 20, 2024

The Supreme Court’s earlier decision from 2006, which had been issued in a family law case, emphasised the voluntary nature of mediation but failed to clarify the binding nature of pre-suit mediation between professional parties.

Corruption 98

Corruption IT Purchasing Efficiency 98

Open Contracting Partnership

NOVEMBER 7, 2023

These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. Early reformers in this first revolution were Ethiopia (2005), Ghana (2005), Kenya (2007), Tanzania (2004), Uganda (2003), and Zambia (2006).

Public Procurement 70

Public Procurement Procurement E-procurement Transparency 70

Kluwer Arbitration

APRIL 22, 2024

The reason is understandable as the concept first emerged in 2006 through the ICDR Rules (last amended in March 2021), which was long after the enactment of the EAA. Yet, it is regarded as one of the most progressive arbitration statutes due to its pro-arbitration spirit.

Import 98

Import IT Corruption Consulting 98

Kluwer Arbitration

DECEMBER 22, 2023

of the 2006 amendments to the UNCITRAL Model Law as regards interim measures. His other suggestions included giving the Maritime and Commercial High Court jurisdiction for invalidity questions, and applying option 1 of Article 7 of the 2006 amendments so that it is clear that an arbitration agreement shall be in writing.

Thresholds 52

Thresholds Corruption Import Management 52

Kluwer Arbitration

DECEMBER 28, 2023

Reforms: Implemented and Proposed Following the earlier ICSID Arbitration Rules 2006 , there was no stipulation on the part of the arbitrators to sign the declaration disclosing matters with regard to their independence when accepting their appointment prior to the constitution of the tribunal.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

MARCH 9, 2024

This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.

Ethics 52

Ethics Corruption Negotiation Finance 52

Kluwer Arbitration

SEPTEMBER 8, 2024

In this instance, arbitrability was assessed under the old (pre-2006) Austrian arbitration law , which required that the claim be capable of being settled.

Participation 52

Participation Corruption IT Import 52

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

SEPTEMBER 13, 2024

(“Rusoro”), a Canadian corporation, filed an investment claim against The Bolivarian Republic of Venezuela (“Venezuela”), pursuant to the International Centre for Settlement of Investment Disputes (“ICSID”) Additional Facility Arbitration (“AF”) Rules of April 2006 (Case No. ARB(AF)/12/5).

Corruption 52

Corruption Contract Demand IT 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”). 2023 was no exception: several states in Europe, including some EU Member States, either passed new arbitration laws or continued reforming their existing ones.

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

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. The requirement for the dispute to be arbitrable is covered in Article V.2(a)

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

APRIL 9, 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 € 190 267 TFEU whereby the CJEU provides authoritative advisory opinions on EU law.

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

JUNE 4, 2024

The Draft Law is based on the UNCITRAL Model Law on International Commercial Arbitration 1985, as amended in 2006 (“ UNCITRAL Model Law ”). When passed, the Draft Law would repeal and replace the outdated Existing Act.

Efficiency 52

Efficiency Corruption Consulting IT 52

Kluwer Arbitration

MAY 16, 2024

Factual Background In 2006, a US investor, Manchester Securities Corp. (“MSC”), 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

Finance 52

Finance IT Corruption Contract 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.

Distribution 52

Distribution Capacity Corruption IT 52

Kluwer Arbitration

NOVEMBER 28, 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 ” (see Lepoutre/Riva (1998): Nacionalidad y Apatridia, Rol del ACNUR.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

MARCH 22, 2024

Based on the 2006 UNCITRAL Model Law (“Model Law”), the law brings “something new” that goes beyond the Model Law provisions.

Import 52

Import Corruption Consulting IT 52

Kluwer Arbitration

MARCH 29, 2024

2) [2006] EWCA Civ 1529. 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

Thresholds 52

Thresholds IT Corruption Contract 52

Kluwer Arbitration

NOVEMBER 21, 2023

It restricts reviews solely to the specific criteria detailed in Section 55, which aligns with Article 34(2) of the 2006 UNCITRAL Model Law and Article V of the New York Convention. Under the AMA, the ART operates under a strict framework.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

JUNE 2, 2024

The UNCITRAL has recommended that this provision be extended to arbitration agreements as well, and in accordance with this approach, the UNCITRAL amended its Model Law on International Commercial Arbitration (ML) in 2006. What UNCITRAL did was to make the writing requirement in the ML far less stringent than the one found in Art.

Contract 52

Contract Government Government IT 52

Kluwer Arbitration

APRIL 1, 2024

This pivotal legislation incorporates the UNCITRAL Model Law on International Commercial Arbitration of 1985 (with amendments as of 2006) and re-introduces the New York Convention, underscoring the country’s alignment with global best practices in dispute resolution.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

MARCH 13, 2024

For example, in 2006, the UAE ratified the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“ New York Convention ”) in full, ensuring greater enforceability of awards made within the country. These efforts are supported by other steps in the region.

Efficiency 52

Efficiency Quality Management Electronics 52

Kluwer Arbitration

DECEMBER 16, 2023

Different from the previous UNCITRAL instruments (such as the 1985 Model Law (amended in 2006) or 2021 Expedited Arbitration Rules ), these model clauses are for direct use in contracts, and therefore require parties to deliberately “opt in”. The above is a summary of the authors’ observations at the WG II.

Balance 52

Balance Innovation Consulting Efficiency 52

Kluwer Arbitration

OCTOBER 9, 2023

The Honourable Wayne Martin AC KC is an arbitrator, mediator, and former Chief Justice of Western Australia (2006-2018). As Chief Justice, Mr Martin was a notable pioneer, particularly for his creation of the Supreme Court of Western Australia’s Arbitration List. Past interviews are available here.

Efficiency 52

Efficiency Balance Management Integration 52

Kluwer Arbitration

SEPTEMBER 26, 2023

For example, Option 1 of Article 7 of the amended UNCITRAL Model Law , the 2006 UNCITRAL Recommendation on the interpretation of Articles II and VII of the NYC, and the works of UNCITRAL Working Group IV. Some developments in international law allow a flexible interpretation of Article II(2).

Electronics 40

Electronics Contract Capacity Corruption 40

Public Procurement Intl

OCTOBER 9, 2024

Photo: Naim Fadil Annika Wythes, UNODC On October 9-10, 2024, the Indo-Pacific Economic Framework for Prosperity (IPEF) held a workshop on anti-corruption in public procurement in Kuala Lumpur, Malaysia. The report included detailed information from IPEF member states on their implementation of anti-corruption measures in public procurement.

Public Procurement 130

Public Procurement Procurement Corruption Bidding 130

Kluwer Arbitration

MARCH 6, 2024

The ICA Law, which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006 (the “Model Law”), is a substantial change to the existing arbitration legal regime governing international commercial arbitration.

Corruption 52

Corruption IT Government Government 52

Kluwer Arbitration

MARCH 25, 2024

In 2006, the parties settled and the case was discontinued. Furthermore, the 2006 Mining Law and the 2013 Investment Law are expected to undergo major revamping in the near future to continue enhancing Mongolia’s investment climate.

Transparency 105

Transparency Negotiation Price Export 105

Whistleblower Network News

FEBRUARY 29, 2024

As Black History Month transitions into Women’s History Month, WNN highlights Dr. Toni Savage, Bunny Greenhouse, and Dr. Duane Bonds, whose outspoken whistleblowing activity against corruption led to significant change. In 2011, she agreed to a settlement of $970,000 in full restitution of lost wages, compensatory damages, and attorney fees.

Whistle-blowing 110

Whistle-blowing Engineering Corruption Contract 110

Open Contracting Partnership

OCTOBER 25, 2024

a day—are poorer today than before COVID-19 and deeper in debt than at any time since 2006. All too often I’m told that public procurement is boring, technical and abstract, too removed from people’s lives, and that some money will inevitably be “lost” to corruption or poor financial management, like it is an inevitability we have to accept.

Finance 57

Finance Public Procurement Procurement Transparency 57

Kluwer Arbitration

FEBRUARY 15, 2024

2001-4, Partial Award, 17 March 2006. For example, in the 2006 ILC Report on Fragmentation , Martti Koskenniemi used the term “exotic” to refer to international investment law (p. 2001-4, Partial Award, 17 March 2006. ITL-55-129-3, 17 September 1985; and the ISDS case of Saluka v Czech Republic , PCA Case no.

Influencing 52

Influencing IT Negotiation Corruption 52

Kluwer Arbitration

MARCH 13, 2025

.” Israel’s New Arbitration Regime Adapting the Model Law On 12 February 2024, Israel introduced its new International Commercial Arbitration Law, 2024, based on the UNCITRAL Model Law of 1985 as amended in 2006.

Efficiency 52

Efficiency Corruption Consulting IT 52

Kluwer Arbitration

JANUARY 5, 2025

Thirdly , SIACs amendments are in line with the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration (Model Law), and specifically, the introduction of Articles 17B, 17C, and 17D. Thus, early notification to all parties may be considered a mere formality given the urgency involved and the speed of the process.

Balance 98

Balance Corruption IT Accountability 98

Kluwer Arbitration

JANUARY 23, 2025

Japan and Azerbaijan modernized their national arbitration laws to align with the 2006 UNCITRAL Model Law. These amendments align the Arbitration Act with the 2006 UNCITRAL Model Law, rather than the 1985 version. Notably, amendments to Japans Arbitration Act (Act No.

Ethics 52

Ethics Influencing Innovation Efficiency 52

Kluwer Arbitration

DECEMBER 21, 2024

For instance, Article 12(1) of the UNCITRAL Model Law on International Commercial Arbitration (2006) imposes a continuing duty of disclosure on arbitrators for circumstances that may raise justifiable doubts about impartiality. We look forward to attending the SCCA 25 Conference!

Accountability 52

Accountability Integration Integrity Corruption 52