Kluwer Arbitration

JANUARY 11, 2024

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.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Kluwer Arbitration

OCTOBER 29, 2024

On April 25, 2017, the lower court granted Usimec’s request to annul the award, reasoning that the guarantee of impartiality had been violated because the Sole Arbitrator allowed Citic’s representative to serve as a translator for the witnesses called by Claimant, implicitly relying on article 138, IV, of the 1973 BCCP.

Participation 59

Participation Influencing Government Government 59

Curbing Corruption in Government Contracting

NOVEMBER 5, 2019

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.

Public Procurement 40

Public Procurement Transparency E-procurement Procurement 40

Kluwer Arbitration

SEPTEMBER 26, 2024

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.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

OCTOBER 3, 2024

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.

Accountability 59

Accountability IT Corruption Government 59

Kluwer Arbitration

FEBRUARY 27, 2024

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.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

DECEMBER 26, 2023

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.

Influencing 98

Influencing Efficiency Leadership Innovation 98

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

DECEMBER 13, 2023

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.

Networking 59

Networking Electronics Contract Quantity 59

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 1, 2024

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.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

OCTOBER 17, 2024

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.

Capacity 52

Capacity Balance Import Corruption 52

Kluwer Arbitration

MAY 23, 2024

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.

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

FEBRUARY 28, 2024

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.

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

JUNE 7, 2024

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.

Import 52

Import Ethics Influencing Negotiation 52

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

JULY 18, 2024

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.

Consulting 52

Consulting Import Accountability IT 52

Kluwer Arbitration

FEBRUARY 3, 2024

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.

Buyers 98

Buyers Contract Price Purchasing 98

Kluwer Arbitration

NOVEMBER 19, 2023

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.

Transparency 52

Transparency Collaboration Import Corruption 52

Kluwer Arbitration

FEBRUARY 12, 2024

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.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

APRIL 13, 2024

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.

Media 59

Media Quality Education Import 59

Kluwer Arbitration

JUNE 11, 2024

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.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JUNE 3, 2024

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.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

OCTOBER 8, 2023

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.

Data 64

Data Media Import Corruption 64

Kluwer Arbitration

OCTOBER 10, 2024

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 )).

Government 52

Government Government Contract Corruption 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. Delivery was delayed and MBA agreed to pay liquidated damages to the JCG. However, the availability of de novo review under s.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

JUNE 14, 2024

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.

Efficiency 52

Efficiency Accountability Corruption IT 52

Kluwer Arbitration

OCTOBER 25, 2023

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.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Kluwer Arbitration

APRIL 11, 2024

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.

Electronics 52

Electronics Management Efficiency Networking 52

Kluwer Arbitration

FEBRUARY 8, 2024

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.

Participation 59

Participation Efficiency Balance IT 59

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. Société Indagro v.

Transportation 52

Transportation Transportation Corruption IT 52

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

How to Crack a Nut

MARCH 28, 2023

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).

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

NOVEMBER 15, 2023

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).

Tender 52

Tender Buyers Contract Corruption 52

Kluwer Arbitration

NOVEMBER 7, 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

Automotive 52

Automotive Utilities Import Corruption 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. Full text PDF

Bidder 40

Bidder Transparency Contract Public Procurement 40

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. Decision 4A_256/2023 (6 November 2023) concerned the citizenship of a football player (A.) Please see Part II for further developments in 2023.

Capacity 52

Capacity E-procurement Demand Participation 52