Kluwer Arbitration

DECEMBER 28, 2023

Arbitral Practice and Disclosure Obligations Saint-Gobain v Venezuela (2013) and Ghana v Telekom Malaysia (2004) , when analysed together, demonstrate the impermissibility of double hatting only when the dual role is played simultaneously involving the same party.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

OCTOBER 23, 2024

An award conflicts with public policy if it was induced by fraud or corruption or was procured in breach of natural justice (see section 59 of the AA). On political stability, Sithe Global, pulled out of a GY$858 million hydro-power deal in Guyana in 2013 due to “political wrangling”.

Bidding 98

Bidding Corruption Import IT 98

Kluwer Arbitration

JULY 8, 2024

On 13 January 2013, Rutas de Lima S.A.C., It found that neither the contract nor the addendum was void due to the corruption allegations. Circuit focused its analysis only on the following two grounds under Section 10 of the FAA: Section 10(a)(1): Where the Award Was Procured by Corruption, Fraud, or Undue Means The D.C.

Corruption 52

Corruption Contract Procurement IT 52

Kluwer Arbitration

FEBRUARY 14, 2024

Notably, the inclusion of provisions regarding anti-corruption, although framed as involuntary, applies only at the domestic legal level, thus avoiding broader discussions around internationalizing binding anti-corruption measures.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

NOVEMBER 29, 2023

This led to disputes between India and Pakistan, which were ultimately adjudicated before a PCA Tribunal in the Kishenganga Award on December 20, 2013 (“ 2013 Kishenganga Award ”). The Russian Federation where tribunals reaffirmed that a Party’s non-appearance would not undermine their competence to proceed with a case.

Negotiation 52

Negotiation Participation Import Capacity 52

Kluwer Arbitration

JANUARY 25, 2024

862 K/Pdt/2013 , considered that it was authorized to try it. 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

Participation 97

Participation Contract Import Corruption 97

Whistleblower Network News

OCTOBER 11, 2023

There have been seven (7) wolf death investigations conducted in Oregon and Washington since 2013, including the death of OR 28,” the FWS’ Request for Payment of Reward Approval states. “Of A whistleblower subsequently came forward and provided FWS with the identity of the shooter.

Utilities 129

Utilities Accountability Quality Networking 129

Kluwer Arbitration

APRIL 22, 2024

Unlike the Singaporean law, the Hong Kong Arbitration Ordinance (amended in 2013) did not include emergency arbitrator either in the definition of ‘arbitral tribunal’ or ‘arbitrator’ in section 2(1). Instead, it introduced Part 3A exclusively dealing with the enforcement of emergency relief.

Import 98

Import IT Corruption Consulting 98

Kluwer Arbitration

DECEMBER 30, 2023

10/2023 dated 24 October 2023 , the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around 2013 (see, e.g., Case No. 379/2013 (Real Estate) , ruling of the Dubai Court of Cassation; and then also affirmed in Case No. In a recent decision, Case No.

Corruption 52

Corruption IT Accountability Government 52

Kluwer Arbitration

AUGUST 23, 2024

Key Facts in Fujitsu In 2013, Fujitsu Semiconductor Limited (“Fujitsu Semiconductor”) and Spansion LLC (“Spansion”) entered into a Foundry Agreement that incorporated by reference an arbitration clause subjecting disputes to the Japan Commercial Arbitration Association (“JCAA”) Rules and Japanese law.

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

JUNE 17, 2024

billion to the heirs of the Sultan of Sulu, finding that the 1878 agreement constituted a commercial lease agreement and that Malaysia had committed breach of contract by failing to pay the agreed annual sum under the agreement from 2013 onwards without a legally valid justification. In the final award , the arbitrator awarded US$ 14.92

Corruption 52

Corruption Contract IT 52

Kluwer Arbitration

JULY 17, 2024

In reaching this decision, the High Court upheld the approach in Terna Bahrain Holding Company WLL v Al Shamsi [2013] 1 All E.R. The High Court further held that SNGPL did not depart from its pleaded case in the belated submissions filed five days before the final hearing.

Thresholds 98

Thresholds Import Contract Negotiation 98

Kluwer Arbitration

JUNE 6, 2024

Diversity of Relevant Standards on Misconduct in International Arbitration The panellists first addressed the framework applicable to the behaviour of actors involved in international arbitration proceedings, and in particular the IBA Guidelines on Party Representation in International Arbitration (the “IBA Guidelines”) adopted in 2013.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

MARCH 27, 2024

On the other hand, the Conseil d’Etat considered that administrative courts would be competent to hear an application for exequatur of a foreign award ( CE, 19 April 2013, No. The Conseil d’Etat quickly dismissed the SMAC annulment request considering that it could not annul a decision rendered by a foreign tribunal. 12/11596 ).

Public Private Partnership 52

Public Private Partnership Public Procurement Contract Transportation 52

Kluwer Arbitration

FEBRUARY 28, 2024

SA Minerals Ltd , 12-CV-8087(CM) (SN), 2013 WL 2661037 (S.D.N.Y. June 12, 2013), a U.S. 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

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

DECEMBER 30, 2023

The SCC’s Prima Facie Decisions on Jurisdiction In April 2023, the SCC released its practice note Prima Facie Jurisdiction between 2013–2023. As for arbitration, the panelists considered the chief advantage to be the possibility to choose one’s arbitrator, and to a lesser extent, the confidentiality of proceedings.

Innovation 52

Innovation Import Sustainability Influencing 52

Kluwer Arbitration

FEBRUARY 15, 2024

For arbitrations that continue to contain references to an ADCCAC arbitration clause, Article 53(2) of the arbitrateAD Rules clarifies: The ADCCAC Rules 2013 will apply to any pending arbitration commenced before 1 February 2024. These provisions in the arbitrateAD Rules helpfully clarifies their application.

Electronics 52

Electronics Thresholds Corruption IT 52

Kluwer Arbitration

JUNE 15, 2024

Amongst the UK’s treaty partners are or also were many of today’s EU member states, mostly those which joined the Union during the 2004, 2007, and 2013 enlargements towards Eastern Europe and the Western Balkans. While some of these treaties have already been terminated or are not in force, the majority are.

Influencing 52

Influencing Contract Negotiation Corruption 52

Kluwer Arbitration

JUNE 7, 2024

Mr Thakerar was of the opinion that costs should be recoverable and deplored a 2013 legislative change in the UK whereby success fees are no longer recoverable.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JULY 9, 2024

Finally, in July 2013, while the dispute regarding the termination remained unresolved, DMRC took over the assets and began operating the metro line. For reference, CMRS is a statutory body created by the Metro Railways (Operation and Maintenance) Act, 2002 (“Metro Act”) to assess the safety concerns involved in operating metro lines.

IT 64

IT Corruption Engineering Efficiency 64

Kluwer Arbitration

FEBRUARY 13, 2024

The Law also replicates Articles 3 and 4 of the 2013 UNCITRAL Arbitration Rules and requires certain content in the notice of arbitration and response thereto (Arts. It states that if parties agree on expedited arbitration in an ad hoc proceeding but fail to specify the relevant rule, the UNCITRAL Expedited Arbitration Rules apply (Art.

Corruption 52

Corruption Import Capacity Contract 52

Kluwer Arbitration

JANUARY 23, 2024

Founded in 1993, ADCCAC offered case management services, hearing rooms, and a set of arbitration rules that were last updated in 2013. Over the last few years, ADCCAC faced growing criticism over its outdated arbitration rules, lack of global outlook, and facilities that paled in comparison to those of the ADGM freezone.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

OCTOBER 22, 2023

Maynilad and Manila Water petitioned for a rate increase in 2013. 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

Logistics 52

Logistics Utilities Government Government 52

Kluwer Arbitration

FEBRUARY 23, 2024

Discussions also revolved around the challenges and opportunities under the India-UAE bilateral investment treaty of 2013. The discussions addressed the jurisdictional diversity in the UAE, and the growing diversity in the DIFC, ADGM and the arbitral institutions in the country.

Framework Agreement 52

Framework Agreement Collaboration Corruption Sustainability 52

Kluwer Arbitration

DECEMBER 7, 2023

The Region has witnessed the creation of several arbitration institutions, the most prominent of which is the BVI International Arbitration Centre , created in 2013. All other jurisdictions in the Region have outdated arbitration legislation influenced by now-repealed old English Arbitration Acts. Final Report and Recommendations.

IT 52

IT Education Influencing Finance 52

Kluwer Arbitration

NOVEMBER 24, 2023

871/2013, 23 January 2014 Ismail Selim, ITA Reporter for the Cairo Regional Center for International Commercial Arbitration (CRCICA) An arbitral award rendered on jurisdiction after the bifurcation of the arbitral proceedings. Claimant v. Respondents (Award), CRCICA Case No.

Telecommunication 52

Telecommunication Distribution Transportation Transportation 52

Kluwer Arbitration

MARCH 5, 2025

As stated in the travaux prparatoires of the 2013 law, this also applies to foreign arbitral awards, which like foreign judgments are in principle recognized as binding on the parties, an exequatur only being required where a party wishes to enforce the findings of the arbitral award by constraint. Draye, No Do-Overs, No Takebacks?

Corruption 52

Corruption IT 52

Kluwer Arbitration

MAY 22, 2024

In 2013 and 2014, Spain abrogated these measures and replaced them with regulations providing less benefits to investors. Facts In 2007 and 2008, Spain adopted a series of measures to encourage investments in renewable energies. Under this regime, EDF Energies Nouvelles S.A. (“EDF”)

IT 52

IT Corruption Contract 52

Kluwer Arbitration

JANUARY 30, 2024

Although ICSID (Rule 48, 2022 ) and UNCITRAL ( Article 21, 2013 ) Rules permit counterclaims under certain circumstances, the tribunal’s jurisdiction is arguably limited to the consent of the parties.

Influencing 59

Influencing Balance Risk Management IT 59

Kluwer Arbitration

DECEMBER 24, 2023

In early 2013, we started developing the idea of expanding the regional coverage of the Blog, and creating the Editorial Board structure we have today, with associate editors, senior assistant editors, and assistant editors. Roger Alford as Managing Editor, and with Annalise Nelson, now an attorney at the U.S.

Quality 59

Quality Management Collaboration Balance 59

Kluwer Arbitration

NOVEMBER 24, 2023

As discussed in this blog , there was speculation about potential ISDS cases against Mexico due to the reforms and policies that President Lopez-Obrador sought to adopt to roll back the 2013 constitutional reform that opened the energy sector to private investment. Finally, under the USMCA, Canada, Mexico and the U.S.

Transportation 59

Transportation Transportation Telecommunication Government Contracts 59

Kluwer Arbitration

MARCH 20, 2024

Before its disappearance, a Paris court ruled in 2013 that the platform’s activities constituted a payment service under the Payment Services Directive, requiring authorization as a payment services provider. In France, a notable early case in the realm of crypto assets involved the Mt.

Distribution 52

Distribution Utilities Accountability Purchasing 52

Kluwer Arbitration

OCTOBER 27, 2023

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 Xavier highlighted CBAr’s initiatives towards the promotion of CISG’s application in Brazil.

Contract 52

Contract Import Ethics Corruption 52

Kluwer Arbitration

MARCH 13, 2024

Scope of Application: Under the 2013 ADCCAC Procedural Regulations of Arbitration (“ ADCCAC Rules ”), parties could agree to arbitrate their disputes at the ADCCAC but under any set of arbitration rules, in which case the ADCCAC Rules would only supplement the rules chosen by parties.

Efficiency 52

Efficiency Quality Management Electronics 52

Kluwer Arbitration

FEBRUARY 16, 2024

s claim for the grant of a casino licence for the period from 13 September 2013 to 13 September 2028 in the first arbitration was not directed against A., The SFSC denied the res iudicata effect of the award rendered in the first arbitration. Firstly, B.’s but against the Palestinian Authority and thus another party. Secondly, B.’s

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

JANUARY 14, 2024

Similar to the 2011 Rules, the 2024 Rules continue to be loosely based on the UNCITRAL Arbitration Rules , as revised in 2010 (amended in 2013 and 2021), which leaving a wide room for party autonomy. The methodology of the comparison is explained in the first comment of the first page of the document.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

DECEMBER 14, 2023

She was also the Attorney-General and Commissioner for Justice in Ogun State Nigeria between 2013 and 2015. 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

Capacity 52

Capacity Collaboration Networking Strategic Planning 52