Kluwer Arbitration

MAY 7, 2024

First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have become a go-to guide for arbitrators, counsel, and arbitral institutions in identifying conflicts of interest and assessing the need for disclosure.

Influencing 52

Influencing Transparency Networking Media 52

Kluwer Arbitration

JUNE 9, 2024

In this context it is important to recall that bias is not used in a pejorative sense, rather it means the absence of demonstrated independence and impartiality ( Yiacoub v The Queen [2014] UKPC 22 ). The principle is far too important to allow it to be passed over [….]” The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. Before the IAA’s promulgation, South African courts had already begun to show their support for international commercial arbitration.

Import 52

Import Efficiency Influencing Integrity 52

Kluwer Arbitration

FEBRUARY 20, 2024

400 of 2014 (Commercial) , enforcement was refused because the award debtor proved that its representative lacked the necessary authority. A number of factors have influenced this shift. and the absence of authority is not per se a question of capacity, there is largely a consensus that Article V.1(a) 613 of 2015 (Commercial).

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

OCTOBER 20, 2023

The panel also discussed recent developments in international arbitration ethics, including the UNCITRAL/ICSID Code of Conduct and the International Bar Association’s Taskforce to revise the IBA Guidelines on Conflicts of Interest for the first time since 2014. The panel discussed the ethics of expert preparation across legal cultures.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

JANUARY 21, 2024

The lack of an alternative route adds a layer of complexity, especially as it has been observed that since 2014 and the invasion of Crimea, Russian Courts’ independence has regressed, at the expense of non-Russian parties. Wochensky explained that the non-Russian party might not have any alternative route.

Corruption 52

Corruption Accountability Influencing Distribution 52

Kluwer Arbitration

AUGUST 29, 2024

For example, the WIPO Arbitration and Mediation Center, which specializes in the resolution of IP and technology disputes, has recently seen a significant increase in cases – from 71 new cases in 2014 to 679 new cases in 2023.

Influencing 52

Influencing Contract Corruption Efficiency 52