Kluwer Arbitration

FEBRUARY 22, 2024

The Arbitration Law of 2012 (“Arbitration Law”), inspired by and modeled after the UNCITRAL Model Law On International Commercial Arbitration, was crafted to offer foreign investors with a reliable and efficient mechanism for resolving potential conflicts. We look forward to attending the SCCA24 Conference !

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Negotiation Influencing Efficiency Corruption 52

Kluwer Arbitration

AUGUST 15, 2024

Matheus López, A New Conceptual and Applicable Proposal on the Independence and Impartiality of the Arbitrator This article addresses the important issue of the independence and impartiality of the arbitrator.

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Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

DECEMBER 12, 2024

In 2012, the Saudi Arbitration Law ( Royal Decree No. Vision 2030 highlights the importance of providing equal opportunities for men and women in all sectors. For over a decade, diversity in the field of arbitration in the Kingdom of Saudi Arabia (“KSA”) has been on a positive trajectory.

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IT Participation Data Corruption 52

Kluwer Arbitration

JANUARY 11, 2024

In 2008, my career trajectory shifted towards the international dimension, culminating in 2012 when I joined Victoria Law Firm in Seychelles. This achievement will mark an important milestone in my professional career as I will become the first licensed to practice in both Bulgaria and South Africa. Past interviews are available here.

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Efficiency Quality Demand Collaboration 98

Open Contracting Partnership

NOVEMBER 4, 2024

Chile’s public procurement agency, ChileCompra, created its “ Public Contracting Observatory ” service in 2012 to detect, prevent, and fix irregularities in government contracting procedures. This is particularly important as the new 2023 procurement law expands monitoring from only central government entities to local institutions as well.

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Procurement E-procurement Tender Purchasing 62

Kluwer Arbitration

MARCH 30, 2024

For example, in 2012, the seven mediation chambers in question received 26 requests for mediation, while in 2021 there were 120 requests. The number of mediation processes initiated went from 22 in 2012 to 90 in 2021. Finally, Mr. Lee highlighted the importance of taking the duty of loyalty seriously.

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Efficiency Negotiation Buyers Price 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 Negotiation Finance 52

Kluwer Arbitration

MAY 2, 2024

Third parties loaded the DVB onto the Flaminia in New Orleans in early July 2012 before the cargo exploded on the Atlantic Ocean days later. In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Qidong Adi Tools Manufacturing Co.

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Transportation Transportation Corruption IT 52

Kluwer Arbitration

JUNE 25, 2024

Taisei then filed an appeal before the Supreme Court of Pakistan in 2012. Moreover, this judgment underscores the importance of distinguishing between domestic and foreign arbitral awards. Simultaneously, Taisei sought recognition and enforcement of the ICC Award under Section 6 of the 2011 Act before the Sindh High Court.

Efficiency 52

Efficiency Corruption IT Government 52

Kluwer Arbitration

APRIL 11, 2024

A piece of unique legislation, the Ordinance on the SCIA , enacted by the Shenzhen Municipal Government in 2012, was drafted by SCIA’s founding council members. Conclusion The panel focused on two important aspects of Sino-U.S. commercial disputes resolution: the arbitral institution and the enforcement of foreign awards by U.S.

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Electronics Management Efficiency Networking 52

Kluwer Arbitration

DECEMBER 12, 2023

England seems to perfectly understand the opportunity and necessity to use arbitration in such disputes in the domestic realm, thanks to the implementation in 2012 of the Institute of Family Law Arbitrators and the support of state judges. These changes should not be seen as a barrier to starting to use arbitration in family law right now.

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Capacity Insurance Contract Import 52

Kluwer Arbitration

MAY 28, 2024

The judgment has important implications for future cases concerning the recognition of international awards that may come before the Court. The Supreme Court dismissed Iliria’s appeal in 2012. Iliria then filed two constitutional appeals, complaining, inter alia , of the length of proceedings.

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Corruption IT Quality Integration 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 Corruption IT 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 ”).

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Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

FEBRUARY 16, 2024

This is because, based on an Economic Agreement dated 27 September 2012 concluded between the Republic of Sudan and the Republic of South Sudan and a ministerial order of the Republic of South Sudan, it was established that the latter had entered into the licence agreements at issue, including the arbitration clause, as a successor.

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Capacity E-procurement Demand Participation 52

Kluwer Arbitration

SEPTEMBER 23, 2024

Kröll has been associated with the Moot since 1997, first as a coach for the University of Cologne and arbitrator and since 2012 as a Director. Today, we have the pleasure of speaking with Prof. Dr. Stefan Kröll. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series. Past interviews are available here.

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Supply Chain Supplier Participation Balance 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.

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Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

DECEMBER 12, 2023

That is, article 20 UMLCBI does not import the effects of the law governing the foreign insolvency proceedings. 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

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Negotiation Capacity Government Government 52

Kluwer Arbitration

FEBRUARY 15, 2024

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.

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Influencing IT Negotiation Corruption 52

Kluwer Arbitration

MARCH 27, 2025

However, in light of a 2012 High Court judgement issued before the enactment of the IAA, uncertainty remains as to whether disputes under section 163 of the Companies Act its shareholder oppression remedy proceedings can be subject to arbitration. Peel : An Outdated Approach? It remains to be seen whether Peel will be overturned in future.

Engineering 52

Engineering Corruption IT Import 52

Kluwer Arbitration

MARCH 3, 2025

In the DCC Judgment 2, the DCC also analysed previous editions of the ICC Rules and the Secretariats Guide to ICC Arbitration 2012 , to ascertain the position in terms of whether the costs of the arbitration include parties legal fees. emphasis added] Conclusion The arbitral community met DCC Judgment 2 with cautious optimism.

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Corruption Import IT 59

Kluwer Arbitration

MARCH 12, 2025

Various empirical surveys, such as the 2012 Queen Mary University of London (QMUL) Survey and Berwin Leighton Paisner (BLP) 2012 Survey , have consistently reflected the dissatisfaction of the arbitration and business communities with the time taken to render awards.

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Efficiency Accountability Import IT 52

Kluwer Arbitration

OCTOBER 29, 2024

The STJ first noted that, while it may be common to import notions and elements from judicial proceedings into arbitration, this does not mean that an arbitration must comply with the rules of the BCCP, as doing so would distort arbitration itself as a method of dispute resolution.

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Participation Influencing Import Government 59

Kluwer Arbitration

OCTOBER 27, 2024

Proceedings On 23 May 2012, Opportunity initiated an ICC arbitration in Paris, claiming that Telecom Italia had breached the settlement agreement and obtained it through fraud and duress. On 1 September 2016, the arbitral tribunal rendered an award rejecting all of (i) Opportunity’s claims and (ii) Telecom Italia’s counterclaims.

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Import Telecommunication Finance Corruption 52

Kluwer Arbitration

NOVEMBER 4, 2024

billion in 2012 to $33.3 billion in 2012 to $1.8 He also highlighted the importance of governing law in determining whether a party is time-barred from raising a claim due to any incompliance with notice of claim procedures. billion in 2023. billion in 2023. As a delay expert herself, Ms.

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Engineering Public Private Partnership Consulting Contract 52

Kluwer Arbitration

FEBRUARY 6, 2025

The Court upheld a decision to set aside an interim award, issued under the UNCITRAL Arbitration Rules 2010 (the Rules) dealing with an issue of liability under section 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA) (the Act) (Second Interim Award).

Capacity 52

Capacity Balance Import IT 52

Kluwer Arbitration

FEBRUARY 12, 2025

Facts of the Case The Applicant landlord and Respondent tenant entered a lease agreement (the subject premises being Unit 1 and Unit 2 of The Parnell Centre) on 9 November 2012. First, at paragraph [31], the Court notes the importance of the finality of arbitral awards.

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Thresholds Retail Insurance Corruption 52

Kluwer Arbitration

DECEMBER 8, 2024

While this may seem like a formalistic requirement for some, its importance is significant. 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

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Influencing Electronics Corruption Transparency 52

Kluwer Arbitration

JANUARY 30, 2025

Institutional Arbitration 2024 marked an important milestone for institutional arbitration in the MENA region. The 2024 QICCA Rules introduce a strengthened and comprehensive set of procedural provisions, marking a significant departure from its 2012 predecessor. As the ripple effect of Dubais Decree No.

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Finance Framework Agreement Telecommunication Ethics 52