Kluwer Arbitration

DECEMBER 28, 2023

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. However, the recent ICSID arbitral practice since 2013 demonstrates the adoption of the lower UNCITRAL standard through the acknowledgement of the Blue Bank test.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

AUGUST 23, 2024

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. Details of the Fujitsu ruling and its broader implications for the arbitration landscape follow below. Myriad Group A.G. , 3d 1069 (9th Cir.

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.

Influencing 52

Influencing Contract Negotiation IT 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. Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

JUNE 7, 2024

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. 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

DECEMBER 30, 2023

The influence of counsel was often more discernible in written witness statements than oral evidence. The SCC’s Prima Facie Decisions on Jurisdiction In April 2023, the SCC released its practice note Prima Facie Jurisdiction between 2013–2023. By requesting a detailed PO1, the parties can set their expectations for the tribunal.

Innovation 52

Innovation Import Sustainability Influencing 52

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here , here , and here ).

Influencing 59

Influencing Balance Risk Management IT 59