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 Consulting 53

Kluwer Arbitration

OCTOBER 13, 2024

She brings national and international experience in leading disputes practices in Melbourne and in Paris as well as valuable in-house experience at the front end of projects and the back end of disputes in construction and energy—two of the most important industries at ACICA. In 2024, this figure is at 60%. Past interviews are available here.

Sustainability 52

Sustainability Quality Import Supply Chain 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC. Indian Oil and other creditors appealed the plan to the National Company Law Appellate Tribunal (“ NCLAT ”), which modified the plan to “safeguard” the rights of the appellant creditors.

Participation 52

Participation Negotiation Import Corruption 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

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

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 Integration Integrity Government 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 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 Integration Integrity 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

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 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 Negotiation Import 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 Public Procurement Contract 40

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 Corruption IT Sustainability 52

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

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 Demand IT Consulting 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.

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

FEBRUARY 13, 2025

Key developments also included important judicial decisions under the existing regime. But there are important differences from the Model Law, and this was explained articulately by one author of the Draft Act using the concept of appropriate legality . Legislative developments therefore took the centre stage.

Import 52

Import Balance Corruption IT 52

Kluwer Arbitration

MARCH 19, 2025

333 (2011) (“ AT&T Mobility “) that the FAA establishes a broad mandate to enforce arbitration clauses, even when state laws seek to invalidate them on the basis of public policy concerns such as unconscionability. Supreme Court has ruled in cases like AT&T Mobility LLC v. Concepcion 563 U.S.

Networking 52

Networking Contract Transparency Influencing 52

Kluwer Arbitration

JANUARY 21, 2025

In a world of increasing global connectedness, I see that international arbitration is going to become more important than ever. It is more important to help guide the tribunal through your argument and to focus on the important points, than to produce voluminous and prolix submissions.

Import 52

Import Capacity Education IT 52

Kluwer Arbitration

NOVEMBER 24, 2024

Indeed, Clayton reaffirms the principle of minimal judicial intervention in arbitration and underscores the importance of respecting the finality of arbitration awards. Cargill, Incorporated , 2011 ONCA 622 , 107 O.R. (3d) 3d) 528 (C.A), discussed here , and Alectra Utilities Corporation v.

Balance 52

Balance Import Utilities Thresholds 52

Kluwer Arbitration

MARCH 12, 2025

Amongst these amendments is the addition of Article 35 that has been integrated from paragraph 29(a) of Practice Note IX to the 2011 CRCICA Rules. However, as evident from various empirical studies, parties certainly attach great importance to the time factor in receiving their awards.

Efficiency 52

Efficiency Accountability Import IT 52

Kluwer Arbitration

MARCH 27, 2025

In the English Court of Appeal case of Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855 (“ Fulham “) , the court addressed the relationship between the oppression remedy and arbitration agreements, stating that the unavailability of certain remedies to an arbitral tribunal does not render the dispute non-arbitrable.

Engineering 52

Engineering Corruption IT Import 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 Education IT 52

Kluwer Arbitration

MARCH 24, 2025

With the increasing scarcity of resources on Earth, in particular the increasing demand for the raw materials that are needed for technologies to combat climate change, legal issues relating to the exploitation of the raw materials of the deep seabed are gaining importance. This scenario is extremely realistic Nauru Ocean Resources, Inc.

Influencing 52

Influencing Balance Negotiation IT 52

Kluwer Arbitration

FEBRUARY 28, 2025

In SpaceCom v Wateen Telecom , SpaceCom applied to the Lahore High Court (the LHC) for recognition and enforcement of awards rendered by a DIFC-LCIA tribunal (the Tribunal) under the Recognition and Enforcement (Arbitral Agreements and Foreign Arbitral Awards) Act, 2011 (the Act), which implements the New York Convention (the NYC).

Efficiency 52

Efficiency IT Corruption Contract 52