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Can Indonesian Courts Override Arbitration Agreements When Claims Involve Third Parties?

Kluwer Arbitration

862 K/Pdt/2013 , considered that it was authorized to try it. Article 30 of the Arbitration Law provides that a third party not bound by an arbitration agreement may participate and join in an arbitration if the third party has related interests, subject to approval by the disputing parties and the arbitral tribunal.

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Revisiting the Indus Waters Treaty: PCA Reasserts Competence

Kluwer Arbitration

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 ”). India characterised the arbitration proceedings as “ illegally constructed.”

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LIDW 2024: Lawyer (Mis)Behaviour in International Arbitration

Kluwer Arbitration

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
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LIDW 2024: Shifting Attitudes Towards Third Party Funding – Views From Across the Globe

Kluwer Arbitration

The panel discussion covered three topics: participants introduced their respective jurisdiction’s stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum.

Import 52
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The Growing Need For Reciprocity Between India and UAE

Kluwer Arbitration

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.

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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

However, the father and his sons were involved in the implementation of the loans as they participated in the decisions on the investments to be made with the funds in question, personally benefited from part of these funds and actively participated in the discussions on the repayment of the loans in the context of the French tax procedure.

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Elevating Arbitration Standards: The arbitrateAD Arbitration Rules

Kluwer Arbitration

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.