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After being pushed into an early retirement in 2017, he initiated a legal action under the Wendell H. The disproportionate rate of retaliation faced by internal whistleblowers underscores the importance of offering protections to internal whistleblowers,” said Kohn.
On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.
During my tenure in Seychelles, I was involved with the Seychelles International Financial Services Association (SIFSA), contributing to drafting the International Business Companies (IBC) Amendment Bill and reviewing the International Corporate Service Provider Act in 2017. The AFSA International Rules 2017 also follow this practice.
Background of the Case In 2017, a Dutch company, Project Partner Search Beheer B.V. ECLI:EU:C:2010:146 ( Alassini ) and ECLI:EU:C:2017:457 ( Menini )). Non-compliance with a binding pre-arbitration mediation clause will, however, not affect the jurisdiction of the arbitral tribunal. previously named Capabel Solutions Works B.V., “CSW”).
Since its inception, the Centre has evolved into a global hub for ADR, being built from ground up especially after I took over in 2010, starting with only 22 cases in 2010 and recording 932 cases in 2017. This is one of the most important features that will assist in the enforcement of the Islamic arbitration awards.
For years, the benefits of transparency as a policy tool to increase accountability and counter corruption have been lauded. Differing leadership approaches The two leaderships have quite different approaches to anti-corruption overall. That being said, many people lament a lack of real action and the systemic nature of corruption.
After that, several issues, not directly related to non-signatories but important for developing the pro-arbitral approach of Ukrainian courts, will be elucidated before proceeding to conclusions. Then, a background of the Berezan case will be briefly outlined before analysing the Grand Chamber’s reasoning.
The Program commenced in January 2017 and was linked with similar programs in California and Québec. The Importance of Certain and Clear Investment Protections Actions inconsistent with international efforts to reduce GHG emissions can adversely affect emissions trading schemes.
The KSA’s Government Tenders and Procurement Law also received an important update in June 2023 with the issuance of Resolution No. An SCCA study of Saudi arbitration-related case law between 2017-2022 revealed that out of 131 annulment applications brought in Saudi courts, 92% were denied and only 3.8%
The Background Facts The parties concluded two contracts on C&FFO Mundra (India) terms in January 2017 for 20,000mt of lentils and 45,000mt of yellow peas (the “Goods”). The Goods arrived at Mundra in June 2017, but the Buyers failed to make payment prior to arrival. 69 AA 1996 on a point of law.
ADR Solutions in Blockchain Disputes Tailor-made Dispute Resolution The flexibility afforded by ADR mechanisms – as a consequence of the importance placed on party autonomy in ADR – lends itself well to the resolution of blockchain disputes. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. 3d 53 (2d Cir. ↑ 2 Art.
Szabolcs Nagy kicked off the first round of the panel discussion by explaining the EU’s approach towards promoting and enhancing the importance of human rights and ESG, simultaneously to fostering economic development, as an integral part of its trade and investment treaty policy. obligations.
In this sense, in the Award on Jurisdiction of 26 June 2017 rendered in Stabil LLC and Others v. 2017-16, the tribunal went further. Russian Federation , PCA Case No. Russian Federation , PCA Case No. In NJSC Naftogaz of Ukraine and others v. Russian Federation , PCA Case No.
As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services. AFSA’s statistics bear this out.
Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp. Paraguay carries important lessons for both parties, but specially for Paraguay, in both arbitration and contractual law. Second, the importance of a well-drafted construction agreement. and the Principles of European Contract Law or PECL.
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.
10 of 2017 amending certain provisions of the Civil Procedures Law No. 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 1] The Civil Procedures Law No.
Background In 2017, Indian Oil issued a notice of arbitration against Essar under a gas supply agreement (“ GSA ”). The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC.
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).
However, it poses some of the most important practical and conceptual questions as to how deepfake video AI technology might affect the practice of international arbitration, in particular in the context of remote hearings today and into the future.
GSI was engaged in extensive litigation in Canada from 2007 to 2017 against authorities and third parties, alleging violations of copyright and trade secrets by Canadian authorities’ disclosure of GSI’s seismic data to third parties (for a more extensive account of the facts, see here ). Conclusion Einarsson v.
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.
Advantages to providing safeguards to funded parties The speakers were in agreement that the interest of the funded client must remain at the forefront of any funding arrangement, and as such, regulation surrounding issues of disclosure, conflicts of interest, and ethical actions of funders in relation to settlements, were of paramount importance.
2017), in which injunctions (including emergency restraining orders) issued in arbitrations were enforced as interim awards. This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents. This is consistent with Sperry Intern. Trade Inc., Gov’t of Israel , 532 F.
Against this backdrop, some important lessons can be drawn for practitioners. In 2017, CAI granted a license to GBO to use CAI’s trademarks, such as Disney, for the purpose of distributing CAI’s branded shoes in Germany, Austria, and Switzerland. Identifying who may be liable is therefore of paramount importance.
This is an important judgment because it is the first Court judgment commenting on the setting aside of an award in arbitrations seated in the Qatar Financial Centre (“QFC”), and touches upon other key principles under Article 41 of the QFC Arbitration Regulations. There are two important takeaways on the third ground.
Volume 1 included 36 annotations drafted by renowned arbitration experts on particularly important and recurring arbitration issues. The first volume of selected arbitral awards was published in 2015 on the occasion of VIAC’s 40th anniversary and consisted of 60 awards. It has been a pleasure to collaborate with you.
993 of 2017 of 4 February 2018, which held that arbitration is an equally valid dispute resolution forum as litigation and Case No. 1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. Dubai CoC Case No.
As in Ballantry , ‘context’ was important to determine bias in Aroma. The timing of the loan and the identity of those that administered it were important factors in determining the absence of a reasonable apprehension of bias. If doubt exists, it should be promptly raised with the tribunal.
This discussion underscored the critical need for ongoing reform and capacity building, while also highlighting the importance of cultural sensitivity and local engagement. This concludes our coverage of Australian Arbitration Week 2024. More coverage of Australian Arbitration Week is available here.
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.
In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.
Dr. Al Tourah commented on the ongoing discussions to progress Kuwait’s arbitration landscape and on the importance of selecting the most appropriate regime for Kuwait. Shelbaya explained each one of these challenges with case laws and examples from the perspective of Kuwait. Panel Discussions The first panel of the day took place in Arabic.
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. Full text PDF
In 2017, an AI robot was first used to provide legal consultation services to parties, and the SCIA’s fully encrypted wireless hardware was adapted to online case handling and remote hearings. Conclusion The panel focused on two important aspects of Sino-U.S. Version 2.0 and Chinese courts. and its largest trading partner.
Indeed, in her 2017 book on “Attorney-Client Privilege in International Arbitration,” Annabelle Möckesch observes that, “[t]here appears to be no national arbitration legislation which expressly mentions the issue of privilege.” As the task force points out, institutional rules and arbitration laws provide little guidance.
Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. Delivery was delayed and MBA agreed to pay liquidated damages to the JCG. However, the availability of de novo review under s.
The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. The two bottom layers, and in particular the data layer, are the ones doing all the heavy lifting. As always, ‘no data, no fun’ (see below 5).
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. Société Indagro v.
In July 2024 the new government reintroduced the Arbitration Bill with an important change. Although there is less authority on the topic, the starting point under English law is likely to be that the arbitration agreement is governed by that foreign law (see Kyrgyz Republic v Stans Energy Corporation [2017] EWHC 2539 (Comm )).
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).
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)).
According to a 2022 report by a cryptocurrency payment gateway company , since the cryptocurrency boom in 2017, Korea has truly become the “crypto hub of Asia,” powering nearly 30% of all cryptocurrency trades. But the unfortunate reality of these voluminous Korea-powered trades is that related disputes will inevitably arise. July 31, 2023).
3d 392, 394 (2d Dep’t 2017). 2d 113, 114 (4th Dep’t 1980); Liberty Imports 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 Bourget , 536 N.Y.S.2d
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