Kluwer Arbitration

NOVEMBER 19, 2023

The first volume of selected arbitral awards was published in 2015 on the occasion of VIAC’s 40th anniversary and consisted of 60 awards. Structure and Content The second volume will contain 25 anonymised summaries of VIAC arbitral awards rendered after 2015, the cut-off date for the first volume of this publication.

Transparency 52

Transparency Collaboration Import Corruption 52

Kluwer Arbitration

AUGUST 23, 2024

In its decision, the Fujitsu court emphasized the importance of upholding the contracting parties’ intentions when assessing the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. Fujitsu Electronics was later acquired by Kaga Electronics Co., Ltd. (“Kaga”).

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

SEPTEMBER 27, 2024

Mr. Vasconcellos stressed the importance of carefully drafting these clauses to avoid interpretative confusion in case of disputes. She emphasized the importance of precise language to avoid ambiguities. 13,129/2015 , which expanded arbitration’s scope, especially in infrastructure-related disputes involving public administration.

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

FEBRUARY 28, 2024

Educomp Professional Education IA25949/2015, the Allahabad and Delhi High Courts separately held that interim injunctions and emergency awards were interlocutory in nature and not enforceable as interim awards. This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents.

Import 52

Import Thresholds Contract Corruption 52

Open Contracting Partnership

NOVEMBER 4, 2024

” Verónica Valle, Director, ChileCompra Transparency and access to information In late 2023, ChileCompra introduced a campaign called “Stop Corruption”, to promote the Observatory’s channels for citizens to submit confidential complaints. The higher a procedure’s score, the more rules have potentially been broken.

Procurement 62

Procurement E-procurement Tender Purchasing 62

Kluwer Arbitration

MARCH 11, 2024

The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

MARCH 9, 2024

While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.

Ethics 52

Ethics Corruption Negotiation Finance 52

Kluwer Arbitration

APRIL 28, 2024

The trusts held his various investments, allegedly worth billions of US dollars, and its beneficiaries included Gabriele himself and his relatives, including his son, Matteo, who was involved in Gabriele’s businesses until the end of 2015. Delanson Services Limited (“Delanson”) was the trustee of these trusts.

Distribution 52

Distribution Capacity Corruption IT 52

Kluwer Arbitration

OCTOBER 27, 2023

Dione Assis (Partner, Galdino & Coelho Advogados) presented the important work of the Black Sisters in Law. One cannot overstate the importance of diversity and inclusion in arbitration and other fields of law. That is, indeed, what arbitrators (Hercules or otherwise) should strive to achieve when resolving business disputes.

Contract 52

Contract Import Integration Integrity 52

Kluwer Arbitration

NOVEMBER 9, 2023

Rather quickly, the panelists agreed that, as the complexity of an arbitration increases, the contribution of a tribunal secretary can be key to ensuring a cost-effective arbitration by off-loading from tribunal members time-consuming tasks with no import on the disposition of the parties’ dispute.

Balance 52

Balance Corruption Quality Efficiency 52

Kluwer Arbitration

APRIL 20, 2024

53 of 2021, there were two important aspects that were unclear under the Bahraini Law No. Understanding the difference between a request and lawsuit is important in the context of the Bahraini legal system, particularly when it comes to the enforcement of an arbitral award. Prior to Case No.

Contract 59

Contract IT Import Corruption 59

Kluwer Arbitration

MARCH 30, 2024

Since its inception in 2015, the ICC BAD has enjoyed consistent success, and in 2024 arbitration practicing lawyers and clients had further reasons to celebrate: the 10 th anniversary of ICC Brasil. Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

JUNE 7, 2024

their risk, value, and terms) whereas from the state’s side, and the write-off of debt to intervene a systematically important bank may be of an existential nature. Cameron Miles underscored that circumstances have changed since 2015 (see e.g. Po š tov á Banka v.

Tender 52

Tender Insurance Influencing Finance 52

Kluwer Arbitration

MAY 5, 2024

She highlighted the importance of establishing clear obligations, noting that the Code sets out a non-exhaustive list of “risks of behaviour” which might suggest a lack of independence or impartiality. He observed that for India to pursue its goal of stable economic development, it was important to instil confidence amongst investors.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

OCTOBER 3, 2024

2015-35, the tribunal considered that: “insofar as the principle of good faith calls for the opposability of the Treaty to Russia with respect to foreign investment presently located in Crimea. In this sense, in the Award on Jurisdiction of 26 June 2017 rendered in Stabil LLC and Others v. Russian Federation , PCA Case No.

Accountability 59

Accountability IT Corruption Government 59

Kluwer Arbitration

JANUARY 18, 2024

Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. Rather, the Italian Supreme Court considers the time limit an essential element of the arbitration (Corte di cassazione, decision of 19 January 2015, No.

Balance 52

Balance Corruption Import IT 52

Kluwer Arbitration

NOVEMBER 29, 2023

The ICJ’s decision stressed the importance of respecting international agreements and fulfilling treaty obligations, providing guidance for the future implementation of the project.

Negotiation 52

Negotiation Participation Import Capacity 52

Kluwer Arbitration

MAY 3, 2024

The central role of private investors in the climate transition was recognized already in the 2015 Paris Agreement , which emphasizes the importance of finance and investment in operationalizing the goal of limiting global warming to 1.5°C C above pre-industrial levels. Article 2.1(c)

Insurance 52

Insurance Finance Sustainability Ethics 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

Data limitations In all 3 countries, data quality has several important problems even after combining data from multiple sources and applying a range of data cleaning procedures. Hence, we matched contacts in the before and after groups according to key characteristics such as contract value, sector, or buyer type.

Bidder 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

FEBRUARY 5, 2024

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“ Judgment ”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. This makes the Judgment an important exposition of law in the field of arbitration for India. Indo Unique Flame Ltd.

Import 52

Import Balance Contract Insurance 52

Kluwer Arbitration

APRIL 1, 2024

As the criticisms of ISDS intensify, this year’s panel focused on the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”) , and at the unilateral, bilateral and regional levels.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

FEBRUARY 11, 2024

So instead, from 2015, the Singapore International Arbitration Centre and the Singapore International Mediation Centre developed an Arb-Med-Arb protocol involving separate processes and neutrals, which has attracted a few dozen cases. This was not popular in practice. This tends to be lauded by commentators as more “pro-arbitration”.

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

MARCH 20, 2024

Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. For these reasons, we consider the Court of Appeal’s decision to be unconvincing and, most likely, incorrect as a matter of contractual interpretation.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

OCTOBER 20, 2024

Another exciting development is the imminent opening of our new Beijing office, which will be HKIAC’s third office outside of Hong Kong, following the establishment of the Seoul office in 2013 and the Shanghai office in 2015. In an adversarial profession, I think it is important to treat people with kindness too.

Efficiency 52

Efficiency Innovation Leadership Capacity 52

Kluwer Arbitration

JULY 2, 2024

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 Bolivarian Republic of Venezuela (“ Clorox v. Venezuela ”) (PCA Case No.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

MAY 28, 2024

The judgment has important implications for future cases concerning the recognition of international awards that may come before the Court. In 2015, after nearly two decades, the Constitutional Court dismissed Iliria’s claim as manifestly ill-founded. The Supreme Court dismissed Iliria’s appeal in 2012.

Corruption 52

Corruption IT Quality Integration 52

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.

Sustainability 52

Sustainability Efficiency Quality Management 52

Kluwer Arbitration

JANUARY 24, 2024

In 2015, an instrument prepared under the auspices of the African Union and labeled the “ Pan-African Investment Code ” reflected many of the above features to reform international investment law within Africa. These features, however, are not new.

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

APRIL 25, 2024

The case underscores the importance for practitioners to meticulously draft asymmetrical arbitration agreements to ensure that they embody a clear and unambiguous consent to arbitrate to the exclusion of litigation. 2015) Er Zhong Min Te Zi No. For instance, in Geox Trading (Shanghai) Limited v. Riqing Group-Ricco Rachel Trading Co.,

Buyers 52

Buyers Corruption Demand IT 52

Kluwer Arbitration

SEPTEMBER 14, 2024

This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. 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

Transparency 52

Transparency Integration Integrity Government 52

Kluwer Arbitration

NOVEMBER 7, 2023

2015) upheld the denial of an application when the movant retained counsel and was only discussing a potential litigation. 2d 113, 114 (4th Dep’t 1980); Liberty Imports v. JAS Forwarding (USA), Inc. , 3d 1262, 1269 (11th Cir. Conversely, the Second Circuit in Certain Funds, Accounts &/or Inv. Vehicles v. KPMG, LLP , 798 F.3d

Automotive 52

Automotive Utilities Import Corruption 52

Kluwer Arbitration

FEBRUARY 7, 2024

The panel concluded by agreeing on the importance of consulting legal and quantum experts as early as possible in the dispute resolution process. This early engagement, they suggested, allows for strategies informed by a range of professional perspectives.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

FEBRUARY 16, 2024

The decision on the claim for the grant of the casino licence (dismissed in the first arbitration) was thus not a preliminary question of prejudicial importance in the second arbitration. s birth certificate since 2015. Decision 4A_256/2023 (6 November 2023) concerned the citizenship of a football player (A.) In 2018, A.’s

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

FEBRUARY 20, 2024

613 of 2015 (Commercial). The most important element has been the UAE’s legislative framework. 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 Influencing IT Corruption 52

Kluwer Arbitration

OCTOBER 2, 2023

The Prime Minister’s Office financed the Centre’s operations for the initial two years (spanning from January 1, 2015 to December 31, 2016), with the expectation of generating revenues from dispute resolution services afterwards. Such would be grounds to challenge the award in domestic courts under most arbitration laws.

Finance 40

Finance Influencing Capacity Corruption 40

University of Bristol

AUGUST 23, 2021

NHS commissioning is currently subjected to both the Public Procurement Regulations 2015 (PCR2015, aka the UK’s copy-out transposition of Directive 2014/24/EU) and the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013. 76 PCR2015) — each commissioner would be free to create its own procedure.

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

JANUARY 16, 2024

361/2015, 30 June 2015 José A. Moreno Rodríguez, Altra Legal, ITA Reporter for Paraguay On June 30, 2015, an Asunción Appeals Court revoked a First Instance ruling, which had initially determined that state courts lacked jurisdiction in the case at hand since the parties had agreed to arbitration. Société Kraydon Ltd v.

Corruption 52

Corruption Insurance IT Contract 52