Kluwer Arbitration

OCTOBER 6, 2023

of the Singapore International Arbitration Center Rules 2016 both require that arbitrators act with independence and impartiality. The draft Code of Conduct requires civility in an arbitrator’s conduct and defines “civility” as “ being polite and respectful when interacting with participants in the IID proceeding. Article 17.3

IT 45

IT Ethics Participation Accountability 45

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

MARCH 4, 2024

2016-39 ), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). On 8 September 2023, a tribunal comprising Prof. Ricardo Ramírez Hernández (President), Prof. John Gotanda and Prof. Philippe Sands issued its award in Glencore Finance (Bermuda) Ltd v. Bolivia ( PCA Case No.

Finance 52

Finance IT Capacity Corruption 52

Kluwer Arbitration

JULY 31, 2024

On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 , holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement.

Retail 52

Retail Participation Corruption IT 52

Kluwer Arbitration

MARCH 20, 2024

Here, he cited the proposals made in the 2016 Non-Paper , outlining the creation of such a regime, with a specialised EU investment court being part of it. Conclusion Laborde Law’s conference allowed the participants to delve into two fascinating topics on the subject of investment arbitration.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

MARCH 13, 2024

Revised Rules Issued by the Saudi Center for Commercial Arbitration (“SCCA”) The SCCA’s enactment of new arbitral rules on 1 May 2023 (commented on here ) as a revamp to its 2016 rules and the establishment of its first regional office in the DIFC, surpassed expectations.

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

JANUARY 17, 2024

Legal Position in India General Scheme of India’s Insolvency Regime The law relating to the Corporate Insolvency Resolution Process (“ CIRP ”) in India is codified in the Insolvency and Bankruptcy Code, 2016 (“ IBC ”), which distinguishes between financial creditors and operational creditors. 13) Telnic at [29]-[32]. Axis Bank Ltd.

Thresholds 52

Thresholds Demand Bidding Distribution 52

Kluwer Arbitration

DECEMBER 14, 2023

The LACIAC was established in 2016 and during this time there have been significant developments in Nigeria in relation to arbitration. The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana. in infrastructure projects. Past interviews are available here.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Whistleblower Network News

JUNE 5, 2024

At the Constitutional and Unity Conference in Bangalore in February, participants in a closed-door session on whistleblowing emphasized the need to incorporate human rights defenders and journalists, among other groups, into whistleblower-organizing efforts and a comprehensive whistleblower protection law.

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Participation Corruption Accountability Media 111

Kluwer Arbitration

MAY 22, 2024

Such provision was declared unconstitutional in Judgment C-035 of 2016 because it authorized mining activities in projects with pre-acquired environmental licenses in páramo areas. In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MAY 24, 2024

Such provision was declared unconstitutional in Judgment C-035 of 2016 because it authorized mining activities in projects with pre-acquired environmental licenses in páramo areas. In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382.

Balance 52

Balance Impact Assessment Participation IT 52

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 Corruption 59

Kluwer Arbitration

DECEMBER 16, 2023

Mr. Erik Franco , General Counsel of Engie Peru, noted that he participated in the elaboration of the ICC Report on Climate Change (also reported here ). Dias mentioned a few: The Tay case (2016) : Related to Microsoft’s profile created to navigate on Twitter and interact with users.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

OCTOBER 11, 2024

There is no breach of the principle of the equity of the parties if an Arbitrator participated in another arbitration with the same parties and a similar case file. Sociedad Naviera Ultragas Ltda & Synteko Produtos Químicos S/A v. HDI Seguros S.A., 1679/2018).

Insurance 52

Insurance Participation Contract IT 52

Kluwer Arbitration

SEPTEMBER 25, 2023

The move to accede to the New York Convention will therefore provide confidence to investors and encourage greater participation of business and private sector-led growth. No official English version of the document is available at the time of writing.

Negotiation 40

Negotiation Corruption Participation IT 40

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) ). Notably, in 2016, Mongolia faced a significant downturn in FDI, registering a negative inflow of $4.1

Transparency 105

Transparency Negotiation Price Export 105

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

DECEMBER 4, 2024

The Dispute The dispute arose from a 2016 Coal Transportation and Storage Services Agreement (“Agreement”) between Greenfield SPVI, S.A.P.I. Below, we address the key discussions arising from this dispute. Greenfield”) and the Mexican state enterprise Comisión Federal de Electricidad (“CFE”). Are TPP and TMC Parties to the Agreement?

Contract 52

Contract Negotiation Transportation Transportation 52