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. It must grant all shareholders certain participation rights and involvement in the arbitration proceedings from the outset.

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. Moreover, the rarity of successful challenges under Section 68 of the EAA amplifies the importance of this judgment.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

MARCH 9, 2024

While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.

Ethics 52

Ethics Corruption Finance Negotiation 52

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. The Arbitration Bill followed the latter approach, showing the importance of statutory recognition of emergency arbitration.

Import 98

Import IT Corruption Consulting 98

Kluwer Arbitration

FEBRUARY 25, 2024

They remain an important battlefield for all relevant issues. 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”). In 2023, a provision of the German Code of Civil Procedure (“ZPO”) – Section 1032 para.

Negotiation 64

Negotiation Framework Agreement Import Capacity 64

Kluwer Arbitration

NOVEMBER 21, 2023

Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration. 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.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

APRIL 1, 2024

As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services.

Import 52

Import Efficiency Influencing Integration 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. The most important element has been the UAE’s legislative framework.

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

APRIL 28, 2024

Background According to the Judgment , between 2006 and 2012, Gabriele settled three family trusts on nearly identical terms. It confirms the country’s pro-arbitration approach by upholding the narrow scope for challenges to awards and emphasizing the importance of party consent in arbitration.

Distribution 52

Distribution Capacity IT Corruption 52

Kluwer Arbitration

APRIL 9, 2024

If such parallel jurisdiction of an EU Member State had been a requirement – or an expectation – of the CJEU, it would have grappled in its decision with the important set of issues extending from the relation between the international obligations of EU Member States under the NYC and their (essentially) international obligations under EU law.

IT 59

IT Management Participation Negotiation 59

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. A Note on the 1996 EAA Reform It is important to note that the 1996 EAA reform is underway.

Contract 52

Contract Government Government IT 52

Kluwer Arbitration

NOVEMBER 28, 2023

The tribunal’s determination, grounded in the principle of dominant and effective nationality, underscores the importance of considering a variety of factors to ascertain the nationality of a claimant and their eligibility for protection under a specific treaty. ” (see Lepoutre/Riva (1998): Nacionalidad y Apatridia, Rol del ACNUR.

Negotiation 59

Negotiation Balance Contract Corruption 59

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. Non-compliance with the mediation clause would then result in the absence of a valid arbitration agreement.

Corruption 98

Corruption IT Purchasing Efficiency 98

Kluwer Arbitration

MARCH 13, 2024

Increased Efficiency Through the comprehensive reform of the Rules, several important provisions have been introduced to increase the efficiency of arbitrations administered by the Centre and streamline proceedings, thereby reducing time and costs for parties. These efforts are supported by other steps in the region.

Efficiency 52

Efficiency Quality Management Electronics 52

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. However, it was important to bear in mind that the new law only applied to international commercial arbitrations, and not domestic arbitrations to which the old law would still apply.

Import 52

Import Corruption Consulting Efficiency 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

FEBRUARY 15, 2024

2001-4, Partial Award, 17 March 2006. Precedent is particularly important in ISDS practice because its ongoing reform is a focus of the international law community, and citation to other forms of jurisprudence may be a way for ISDS to “borrow” legitimacy from other less contested regimes. 2001-4, Partial Award, 17 March 2006.

Influencing 52

Influencing IT Negotiation Corruption 52

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