Kluwer Arbitration

NOVEMBER 3, 2023

In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. Background The Appeal was filed by SANESSOL, a company that was awarded a public bid for the provision of sanitation services in the City of Mirassol by the Municipality of the city in 2007. Pursuant to Municipal Decree No.

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Kluwer Arbitration

JANUARY 18, 2024

Rather, the Italian Supreme Court considers the time limit an essential element of the arbitration (Corte di cassazione, decision of 19 January 2015, No. The parties have to make corresponding provisions in their balance sheets and the labour of their employees is utilised for an indefinite period of time.

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Kluwer Arbitration

FEBRUARY 29, 2024

The new NAI Rules, which had been last revised in 2015 , introduce a number of innovative features and aim to provide for more efficient and expeditious dispute resolution, thereby responding to the needs and increased sophistication of users of international arbitration. Hetterscheidt, LinkedIn post, February 2024 ).

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Kluwer Arbitration

APRIL 29, 2024

According to a 2021 study , since the 2015 Dutch court decision (upheld on appeal) in Urgenda v. 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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Kluwer Arbitration

FEBRUARY 5, 2024

b) the Arbitration Act being a self-contained code, its “dependence on other legislations is either absent or minimal,” and (c) balancing party autonomy with referral to arbitration. This makes the Judgment an important exposition of law in the field of arbitration for India.

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Curbing Corruption in Government Contracting

JANUARY 21, 2020

We balanced these considerations for and against applying a longer time-frame by selecting one year before and after the transparency intervention which limits the incidence of confounding factors while also taking care of seasonality biases. However, the average number of received bids increases by 0.5

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Kluwer Arbitration

DECEMBER 14, 2023

She was also the Attorney-General and Commissioner for Justice in Ogun State Nigeria between 2013 and 2015. Balancing being Chairman at LACIAC and a Partner at Banwo & Ighodalo has certainly been challenging particularly in the area of time management. Welcome to the Kluwer Arbitration Blog, Mrs. Akeredolu!

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Kluwer Arbitration

MAY 22, 2024

In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

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Kluwer Arbitration

MAY 24, 2024

In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

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Kluwer Arbitration

FEBRUARY 29, 2024

Quansah , 2015 ONCA 237 , and Australia ( Allied Pastoral Holdings Pty Ltd v. In striking this balance, as acknowledged in Tui , the overriding criterion should be the overall fairness of the arbitration. A party who fails to do this will be deemed to have accepted as truthful witness evidence, and unable to challenge it.

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Kluwer Arbitration

APRIL 1, 2024

India, for instance, terminated a large number of its BITs whose initial term had lapsed, generally accompanied by offers to renegotiate on the basis of India’s 2015 Model BIT. Her remarks underscore the need for reforms that actually address the real disparities and ensure a more balanced and equitable resolution of investment disputes.

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Kluwer Arbitration

NOVEMBER 9, 2023

To strike an appropriate balance, SIAC, for its part, has adopted a noteworthy approach – according to one of its practice notes , “the parties are not to bear any fees for the use of an administrative secretary where the amount in dispute is under S$15,000,000” (para.

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Kluwer Arbitration

FEBRUARY 10, 2024

See, e.g., Brazil-India BIT (2020) ; Brazil-Ethiopia BIT (2018) ; Brazil-Malawi BIT (2015).) In 2014, South Africa terminated its BITs with six European countries and in 2015 passed the Protection of Investment Act (“PIA”) , which will eventually replace all BITs. The PIA, which came into effect in 2018, introduced several changes.

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Kluwer Arbitration

FEBRUARY 26, 2025

The majority was of the view that following the Arbitration and Conciliation (Amendment) Act, 2015, there are stricter standards for impartiality and independence under Section 12(5) read with the Seventh Schedule of the Act (incorporating the Red List in the IBA Guidelines on Conflicts of Interest in International Arbitration2014 ).

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Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. Enforcing ethical standards in arbitration requires striking a balance between accountability and confidentiality. The DJO decision suggests that this balance may not be sufficiently well-struck.

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Kluwer Arbitration

JANUARY 31, 2025

These features, often enabled by default, adjust brightness, contrast, and colour balance without user input, potentially altering the original appearance of the footage. For example, in 2015, Google faced widespread online criticism when its Google Photos app mistakenly labelled people of colour as gorillas. For example, Adobe Inc.

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Kluwer Arbitration

DECEMBER 26, 2024

This, if applicable, risks rendering section 29A ineffective and undermining the legislative intent behind the 2015 Amendment. The 2015 Amendment specifically added section 29A in order to make the arbitration process more efficient and ensure that it does not become as cumbersome as litigation. This raises two key issues.

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How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

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Kluwer Arbitration

MARCH 19, 2025

Similarly, in the United Kingdom, the Consumer Rights Act 2015 introduced provisions to ensure that arbitration clauses do not disproportionately disadvantage consumers. In Wilson v. Best Travel Ltd [1993] 1 All E.R.

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Kluwer Arbitration

JANUARY 24, 2025

In Brazil, pioneering projects on reforms have sparked discussions about the balance between public accountability and confidentiality in class arbitrations, while also expanding the professional pool of arbitrators to include public notaries. These changes reflect a broader trend towards modernizing arbitration frameworks in the region.

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