Kluwer Arbitration

SEPTEMBER 2, 2024

In 2011, the HCCH opted again to look into the possibility of drafting “a global instrument on matters relating to jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.” The HCCH hence viewed the Choice of Court Convention as an important achievement, albeit one that required additional budling blocks.

Contract 52

Contract IT Import Capacity 52

Kluwer Arbitration

MAY 30, 2024

However, these judgments arose in the context of enforcement of foreign arbitral awards under a 2011 statute implementing the New York Convention (“2011 Act”). The Bill does not affect the 2011 Act which will continue to apply to foreign awards and arbitration agreements. domestic arbitration).

Corruption 53

Corruption Import IT Government 53

Kluwer Arbitration

SEPTEMBER 15, 2024

Background The underlying arbitration involved a claim by Pascale (the builder) against Tesseract (the engineering consultant) for breach of contract, negligence and misleading or deceptive conduct in respect of building works in the State of South Australia. Tesseract’s principal defence denied liability entirely.

Import 52

Import Tender Integrity Integration 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. It not only scrutinizes contracts secured through bribery but also extends its purview to awards obtained through fraud and bribery.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

MAY 2, 2024

The previous ones referred to a preliminary measure (2010) and to an annulled arbitral award (2011). The Dubai Court of Cassation held that the arbitration clause contained in the main contract was deemed to extend to all subsequent purchase orders entered into between the same parties (which did not contain an arbitration clause).

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

JULY 26, 2024

Finally, the court rejected Ma’s argument that Rise waived the jurisdictional issue when it entered into the contract because the contract’s arbitration clause provided that any disputes were subject to binding arbitration in California. Defendants appealed. Rudzewicz , 471 U.S. 462 (1985).

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

SEPTEMBER 16, 2024

Factual Background The arbitration was initiated in 2012 by HSBC PI Holdings (Mauritius) Limited (“ HSBC ”) against Avitel Post Studioz Limited (“ Avitel ”) and its founder and directors under a Share Subscription Agreement executed in April 2011 (“ SSA ”). Under the SSA, HSBC had invested USD 60 million in Avitel to acquire 7.8%

Thresholds 52

Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

MARCH 13, 2024

585 of 2023 (Commercial) , that an arbitration clause within an invalid contract renders the arbitration clause as invalid as any other term in the contract. In this case, the contract in question provided for the arbitration to be “conducted in Abu Dhabi City (U.A.E.)

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

JANUARY 8, 2024

The Guide surveyed several hot topics in international arbitration in addition to various topics covered by the 2011 edition , measuring the growth of arbitration over the last decade. Specifically, in the Special Appeal n.

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

DECEMBER 16, 2023

These economic and financial incentives will lead to contracts that will govern green transition targets, which may impact pre-existing expectations. In short time, the AI was corrupted by the users and started sending out violent messages. There is still few cases dealing with AI-related issues and Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Telles.eu

DECEMBER 5, 2023

The European Court of Auditors published yesterday its report on EU public procurement between 2011 and 2021 , looking into the competition for public contracts covered by EU rules.

Public Procurement 140

Public Procurement Procurement Thresholds Corruption 140

Kluwer Arbitration

JANUARY 14, 2024

Last updated in 2011, the CRCICA 2011 Rules (“ 2011 Rules ”), the 2024 Rules have been amended to meet the needs of users and evolving dispute resolution and trade landscapes. While the 2011 Rules contained 5 Sections with 48 Articles, the 2024 Rules contain 6 Sections with 56 Articles and 4 annexes.

Transparency 52

Transparency Efficiency Contract Integrity 52

Kluwer Arbitration

MARCH 27, 2024

1re, 2 May 1966 ) laid down the principle that French public entities may, exceptionally, submit to arbitration disputes arising from international contracts. Two years later, Ryanair unilaterally terminated the agreements, on the ground of falling revenues, as allowed under the contracts which provided for LCIA arbitration in London.

Public Private Partnership 52

Public Private Partnership Public Procurement Contract Transportation 52

Kluwer Arbitration

FEBRUARY 28, 2024

The travaux preparatories of the Convention titled “ Report by the Secretary General ” dated 31 January 1956 indicate that whilst the contracting states considered including a definition of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters.

Import 52

Import Thresholds Contract Corruption 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

Measuring the benefits of open contracting: Case studies on Mexico, Paraguay, and Slovakia. They were selected based on the implementation of recent open contracting reforms and the availability of procurement data for both before and after the reforms. Fazekas, M. & & Tóth, B.

Bidder 40

Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

AUGUST 14, 2024

HKIAC decided to inform the Claimants that a single arbitration under two of the invoked contracts may proceed and invited the Claimants to amend their Notice of Arbitration in the captioned matter. First Majestic Silver Corp.

Corruption 52

Corruption Contract Collaboration IT 52

Kluwer Arbitration

OCTOBER 10, 2023

However, the case of Larkden Pty Limited v Lloyd Energy Systems Pty Limited [2011] NSWSC 268 has provided a level of some confidence that certain IP disputes are arbitrable in Australia. The position in Hong Kong, by contrast, is clearer as a consequence of the Cap. More coverage from Australian Arbitration Week is available here.

Distribution 52

Distribution Efficiency Utilities Corruption 52

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. The auditing department confirmed all her allegations of contract fraud. She then went to the auditing department.

Whistle-blowing 97

Whistle-blowing Engineering Corruption Contract 97

Kluwer Arbitration

MARCH 25, 2024

Mongolia was an ICSID arbitration under the Italy-Mongolia BIT and the ECT involving a dispute over works to be performed under a contract for the refurbishment of a thermal electric station. In 2011, the tribunal ruled that the windfall profit tax did not breach the BIT. In 2006, the parties settled and the case was discontinued.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

NOVEMBER 30, 2023

FG Hemisphere Associates LLC [2011] HKCFA 41. Chinese courts’ review to recognize and enforce a non-ICSID arbitral award rendered in another contracting state of the New York Convention is theoretically possible under the CFSIL, but it will encounter obstacles before the PRC removes its commercial reservation under the New York Convention.

Corruption 52

Corruption IT Contract Government 52