Kluwer Arbitration

DECEMBER 13, 2023

ADR Solutions in Blockchain Disputes Tailor-made Dispute Resolution The flexibility afforded by ADR mechanisms – as a consequence of the importance placed on party autonomy in ADR – lends itself well to the resolution of blockchain disputes. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. 3d 53 (2d Cir. ↑ 2 Art.

Networking 59

Networking Electronics Contract Quantity 59

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

FEBRUARY 17, 2024

Building off this experience, the SIAC Secretariat conducted an empirical study with respect to the performance of SIAC Awards in India from 2011 to 2022. Importantly, no SIAC award was set aside or refused enforcement in India between 2011 and 2022.

Efficiency 52

Efficiency Contract Import Corruption 52

Kluwer Arbitration

NOVEMBER 10, 2024

In 2011, in order to address the limitations of the Ley RAC, Costa Rica enacted the International Commercial Arbitration Law (“LACI”), based on the UNCITRAL Model Law with the 2006 amendments. This successful system developed by the Ley RAC was designed for domestic arbitration.

Influencing 52

Influencing Corruption IT Education 52

Kluwer Arbitration

OCTOBER 25, 2024

Chief Justice Upadhyaya also emphasised the importance of cross-jurisdictional collaboration and commended Singapore’s efforts in fostering an arbitration-friendly environment. Since 2011, SIAC has administered over 1,400 cases involving Indian parties, with disputes exceeding SGD 20 billion.

Ethics 52

Ethics Efficiency Import Export 52

Kluwer Arbitration

SEPTEMBER 22, 2024

The SIFA further records the Parties’ mutual recognition of the importance of combating climate change and states that each party shall implement the UNFCCC and the Paris Agreement (Article 32).

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

SEPTEMBER 14, 2024

It had reinstated in late 2022 a policy over 2011-13 of not agreeing to ISDS in new IIAs. This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. Indeed, it added that it would review Australia’s past IIAs. The JSCOT proceedings allow for public scrutiny and discussion of treaties.

Transparency 52

Transparency Government Government Integrity 52

Kluwer Arbitration

MAY 25, 2024

federal courts between 2011 and 2019. Whatever the reason for the high rate of uncontested outcomes, we believe they are an important feature of parties’ post-award conduct. While our dataset is free from some of the methodological limitations of those in prior studies, our findings are still subject to important limitations.

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

SEPTEMBER 15, 2024

The parties agreed to refer a question of law to the Supreme Court of South Australia on whether those proportionate liability statutes applied to a commercial arbitration under the Commercial Arbitration Act 2011 (South Australia) (“SA CAA”) ( a statute largely mirroring the Model Law ).

Import 52

Import Tender Integrity Integration 52

Kluwer Arbitration

OCTOBER 14, 2024

This privatisation captured substantial public attention and scrutiny, given the importance of the services provided by CTT and the fact that these services had been rendered by public entities for almost five centuries.

Contract 52

Contract Sustainability Import Negotiation 52

Kluwer Arbitration

SEPTEMBER 2, 2024

The HCCH hence viewed the Choice of Court Convention as an important achievement, albeit one that required additional budling blocks. 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.”

Contract 52

Contract IT Import Capacity 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

MAY 2, 2024

The previous ones referred to a preliminary measure (2010) and to an annulled arbitral award (2011). In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. To get your free subscription to the ITA Arbitration Report, click here.

Transportation 52

Transportation Transportation Corruption 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

Curbing Corruption in Government Contracting

JANUARY 21, 2020

Data limitations In all 3 countries, data quality has several important problems even after combining data from multiple sources and applying a range of data cleaning procedures. Hence, we matched contacts in the before and after groups according to key characteristics such as contract value, sector, or buyer type.

Bidder 40

Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

DECEMBER 16, 2023

Panel 1: Green Transition and the Future of Energy Arbitration Mr. Gabriel Seijo , partner at Cescon Barrieu and the panel’s moderator, opened the discussions stating the importance of having a panel focused on green transition due to the rising impact of these discussions on society.

Insurance 40

Insurance Demand Corruption Supply Chain 40

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.

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

NOVEMBER 9, 2023

In 2011, the Ontario Court of Appeal in Cargill applied a non-deferential standard of review from Canadian administrative law – the correctness standard – to a post-award challenge to the jurisdiction of a NAFTA tribunal. that an international arbitration tribunal acts within its jurisdiction.

Corruption 52

Corruption IT Demand Consulting 52