Kluwer Arbitration

DECEMBER 31, 2023

Compared with the 2015 Rules , the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated recent developments in international arbitration, such as third-party funding (Article 48) and early dismissal (Article 50). The 2024 Rules apply to CIETAC arbitrations commenced on or after this date.

Efficiency 52

Efficiency Consulting Contract Negotiation 52

Kluwer Arbitration

APRIL 22, 2024

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

MARCH 11, 2024

Concluding Remarks Small island states were instrumental in the drafting of Article 8 of the 2015 Paris Agreement which recognises the importance of “averting, minimizing and addressing loss and damage associated with the adverse effects of climate change.” Article 8 stops short of providing a basis for any liability or compensation.

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

MARCH 20, 2024

The Dispute In March 2015, Dassault entered into an English law sale contract with its Japanese distributor, Mitsui Bussan Aerospace Co Ltd (“ MBA ”), which in turn contracted with the Japanese Coast Guard (“ JCG ”) as the end customer. However, the availability of de novo review under s.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

FEBRUARY 16, 2024

The agreements were not drafted, negotiated, or signed by the father or his sons. s birth certificate since 2015. The SFSC found that the sole arbitrator rightly affirmed his jurisdiction. Within the group, the companies concluded several loan agreements and a debt assumption agreement. In 2018, A.’s

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

OCTOBER 16, 2023

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 This ruling is significant when juxtaposed with the provisions of the Hong Kong Arbitration Ordinance (Cap.

Efficiency 52

Efficiency Innovation Negotiation IT 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations.

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. Most now answer more affirmatively (see e.g., here ).

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

SEPTEMBER 14, 2024

However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones. An EU-style investment court or key features can be a useful discussion point for Australia and its counterparties to IIAs.

Transparency 52

Transparency Integrity Integration Government 52

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.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

AUGUST 4, 2024

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

MARCH 25, 2024

More recent advancements in Mongolia’s international investment initiatives include the Canada-Mongolia BIT (2016) and Japan-Mongolia Economic Partnership Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001) ). million in 2015. million to $4.5 billion in 2013 and further dropping to less than $95.0

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

NOVEMBER 13, 2024

In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU.

Negotiation 87

Negotiation Corruption IT Accountability 87

Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached the right decision in setting aside the award in this case.

Accountability 52

Accountability Balance Import Tender 52

How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

MARCH 19, 2025

Procedurally, the clause was embedded in fine print and drafted in a way that disadvantaged the consumer, making it difficult to understand or negotiate. 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.

Networking 52

Networking Contract Transparency Influencing 52