Kluwer Arbitration

JULY 17, 2024

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process. billion escrow (approx. 8.5m) and PKR 9.23 billion (approx.

Thresholds 98

Thresholds Import Contract Negotiation 98

Kluwer Arbitration

NOVEMBER 16, 2023

Since 2016, when the first issue of the European Investment Law and Arbitration Review was published, the Review has tracked developments in the new and increasingly important field of European investment law and arbitration. The Review will continue to feature long and short articles as well as case notes and book reviews.

Import 52

Import Corruption Integration Integrity 52

Open Contracting Partnership

JUNE 3, 2024

She’s also just been elected President of the African Public Procurement Network (APPN), which convenes procurement authorities from 54 countries and she emphasizes the importance of building on existing foundations to strengthen the network’s support for public procurement in Africa. Every step has a clear action and timeline.

Public Procurement 80

Public Procurement Procurement E-procurement Transparency 80

Open Contracting Partnership

JULY 21, 2023

David is the founder of reAcción , a grassroots anti-corruption civil society organization that empowers young people in Paraguay to fight for government transparency and social accountability. I work in anti-corruption, leading an organization that focuses on the education sector in Paraguay.

Accountability 52

Accountability Education Corruption Demand 52

Kluwer Arbitration

OCTOBER 26, 2023

Emergency Arbitration The SIAC Rules 2016 (“ 2016 Rules ”) allow a party to apply for the appointment of an emergency arbitrator along with or following the notice of arbitration. The procedure has seen substantial interest from users, with 56 applications filed since 2016. USD 715,000, and USD 1,330,00 (approx.).

Efficiency 59

Efficiency Thresholds Consulting Management 59

Kluwer Arbitration

JUNE 3, 2024

of the LCIA Arbitration Rules 2020 simply requires signing the award while the ICC 2021 Arbitration Rules and the SIAC Rules 2016 do not even mention signing the award. In contrast to these provisions of arbitral institutions in the UAE, there is no similar requirement in the rules of leading arbitration institutions. 42 of 2022.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

DECEMBER 20, 2023

13/2016 on the Judicial Assembly in the Emirate of Dubai , the General Assembly (or what is sometimes translated as the General Authority) is constituted of eight judges including the president and the most senior judges. The Powers of the General Assembly As per Article 20 of the Dubai Law No.

Corruption 105

Corruption IT Import 105

Kluwer Arbitration

NOVEMBER 29, 2023

India endorsed the request however Pakistan unilaterally retracted this request and proposed that the dispute be referred to arbitration, in 2016. 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 5, 2024

He supported this position by referring to India’s termination of 76 of 87 of its BITs in 2016. Ever since then, the Indian government has taken a more cautious approach with the 2016 India Model BIT (“India Model BIT”). The shift in India’s position has become more visible after the White Industries award and subsequent cases.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

DECEMBER 13, 2024

In 2016, the KSA launched the Saudi Vision 2030 , an initiative to, among others, attract foreign and domestic investment by improving the regulatory environment and enhancing business opportunities. The Kingdom of Saudi Arabia (“KSA”) is undergoing a transformative shift in its economy. In contrast, under Article 5.2

Balance 52

Balance Corruption Transparency Import 52

Kluwer Arbitration

DECEMBER 26, 2023

He is currently the Director of the Asian International Arbitration Centre (AIAC) and President of the Asian Institute of Alternative Dispute Resolution (AIADR) , and he also previously served as President of the Chartered Institute of Arbitrators (2016).

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

AUGUST 22, 2024

Two prominent AI studies that were relatively successful in predicting outcomes of court judgments of the European Court of Human Rights (“ECtHR”) and the Supreme Court of the United States (“SCOTUS”) and took place in 2016 and 2017 respectively, sparked curiosity over this matter. Another significant risk is bias.

Transparency 64

Transparency Data Import IT 64

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. This 2022 Supreme Court judgment followed the leading Supreme Court judgment from 2016 (U.2016.1558/2H), A Need for a New Danish Arbitration Act? The Supreme Court decision (U.2022.1117)

Thresholds 52

Thresholds Corruption Import Management 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

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

FEBRUARY 17, 2024

To put this risk in context, under the SIAC Rules 2016, any jurisdictional objection on the grounds of the existence or validity of the arbitration agreement may be made initially before the Registrar. In this period, 24 judgments of the Indian courts were rendered in relation to SIAC awards.

Efficiency 52

Efficiency Contract Import Corruption 52

Kluwer Arbitration

OCTOBER 23, 2023

A party cannot, however, approach the court for a declaration that there is a binding arbitration agreement before it commences arbitration proceedings – see HC Trading Malta Ltd v Tradeland Commodities SL [2016] EWHC 1279 (Comm ). Dana Shipping and Trading PTE Singapore and Anor [2016] EWHC 1118 Comm.

Participation 52

Participation Import IT 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. Shanghai Branch ( 2016) Jing 02 Min Te No. 2016) Hu 01 Min Zhong No. Likewise, in both Chen Youhua v.

Buyers 52

Buyers Corruption Demand IT 52

Kluwer Arbitration

MAY 15, 2024

Over the years, this has led to a huge number of bilateral, multilateral and regional investment treaties being concluded throughout Africa – as of 2016 , there were approximately one thousand such treaties with an African state party. These steps have also been important for intra-African trade.

Negotiation 52

Negotiation Capacity Import Corruption 52

Kluwer Arbitration

MAY 2, 2024

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Finally, the Court rejected Lima’s argument that both awards violated the United States’ public policy regarding enforcing or procuring contracts through corruption. 730, Pourvoi No.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

JUNE 25, 2024

AMCC challenged this decision in 2016 before the Supreme Court of Pakistan. Moreover, this judgment underscores the importance of distinguishing between domestic and foreign arbitral awards.

Efficiency 52

Efficiency Corruption IT Government 52

Kluwer Arbitration

APRIL 11, 2024

In 2016, SMART Arb achieved a PC-based system as well as a mobile-based system to support remote hearings. Conclusion The panel focused on two important aspects of Sino-U.S. The focus of the panel reflects California’s importance in facilitating commercial dispute resolution between the U.S. Version 2.0 and Chinese courts.

Electronics 52

Electronics Management Efficiency Networking 52

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

OCTOBER 6, 2023

of the Singapore International Arbitration Center Rules 2016 both require that arbitrators act with independence and impartiality. Equally important is creating an environment where collegial and respectful behavior prevails and such environment can only be achieved through adopting new rules of conduct. For example, Article 14.1

IT 45

IT Ethics Participation Accountability 45

Kluwer Arbitration

APRIL 28, 2024

The relationship between Matteo and Gabriele soured towards the end of 2015 when Matteo withdrew from Gabriele’s businesses and in October 2016, Delanson distributed the entirety of the trusts to Gabriele, as settlor of the trusts, on the ground that it was necessary to protect the underlying assets.

Distribution 52

Distribution Capacity Corruption IT 52

Kluwer Arbitration

OCTOBER 2, 2023

Legislative History, Legal Structure and Financing of the Centre The Istanbul Arbitration Centre, a recent addition to the existing arbitration institutions in Türkiye , commenced its operations by registering its first case in 2016. Such would be grounds to challenge the award in domestic courts under most arbitration laws.

Finance 40

Finance Influencing Capacity Corruption 40

Kluwer Arbitration

NOVEMBER 28, 2023

2019-11, Award dated 31 January 2022; Manuel García Armas et al v Venezuela , CPA 2016-08, Award on Jurisdiction dated 13 December 2019; Enrique Heemsen v Venezuela , CPA 2017-18, Award on Jurisdiction dated 29 October 2019).

Negotiation 59

Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

JANUARY 24, 2024

Despite several important initiatives under the ICSID Convention, African states have not had a sufficient opportunity to participate in international arbitration. Abdulqawi Ahmed Yusuf, The Contribution of Arbitration to the Rule of Law—The Experience of African Countries (Mauritius 2016), 19 ICCA Congress Series 27, 31 (2017)).

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

DECEMBER 16, 2023

Panel 1: Green Transition and the Future of Energy Arbitration Mr. Gabriel Seijo , partner at Cescon Barrieu and the panel’s moderator, opened the discussions stating the importance of having a panel focused on green transition due to the rising impact of these discussions on society.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

OCTOBER 27, 2024

On 2 May 2024 , the Paris Court of Appeal set aside an ICC award rendered on 1 September 2016 in Paris due to the existence of facts likely to cause, in the minds of the parties, a reasonable doubt as to the presiding arbitrator’s independence.

Import 52

Import Telecommunication Finance Corruption 52

Kluwer Arbitration

FEBRUARY 13, 2025

Key developments also included important judicial decisions under the existing regime. But there are important differences from the Model Law, and this was explained articulately by one author of the Draft Act using the concept of appropriate legality . Legislative developments therefore took the centre stage.

Import 52

Import Balance Corruption IT 52

Kluwer Arbitration

FEBRUARY 14, 2025

In this post, we look back on the important developments in the Indian arbitration legislation and landscape over the last two years, and discuss the key takeaways looking ahead. It is therefore not surprising that the Model BIT 2016 did not find many takers. In 2024, India signed investment treaties with Uzbekistan and UAE.

Balance 52

Balance Finance Government Government 52

Kluwer Arbitration

FEBRUARY 14, 2025

In this post, we look back on the important developments in the Indian arbitration legislation and landscape over the last two years, and discuss the key takeaways looking ahead. It is therefore not surprising that the Model BIT 2016 did not find many takers. In 2024, India signed investment treaties with Uzbekistan and UAE.

Balance 52

Balance Finance Government Government 52

Kluwer Arbitration

MARCH 12, 2025

In 2016, the ICC Court issued dynamic guidelines whereby arbitrators would face a proportionate reduction in their fees for unjustifiable delays in rendering awards ( see previous post ). However, as evident from various empirical studies, parties certainly attach great importance to the time factor in receiving their awards.

Efficiency 52

Efficiency Accountability Import IT 52

Kluwer Arbitration

MARCH 10, 2025

However, in identifying the parties intent, the Milan Court appears to have overlooked three important elements. 9284 , 9285 , and 9341 of 2016), but it is not necessarily convincing in this context. First , the CAM Rules envisaged arbitral interim measures long before the Cartabia Reform.

Distribution 52

Distribution IT Manufacturing Corruption 52

Kluwer Arbitration

DECEMBER 23, 2024

While the Bill addresses important aspects, including the formal recognition of emergency arbitration and a clarification of the longstanding ambiguity around the “venue” of an arbitration, it is conspicuously silent on the issue of the power of the Indian courts to modify arbitral awards when they rule on challenges to them.

Engineering 52

Engineering IT Balance Import 52