Kluwer Arbitration

DECEMBER 22, 2023

795/2017/QD-PQTT dated 27 June 2017 (“ Decision No. 795 “) from the Ho Chi Minh City (“ HCMC ”) People’s Court appears to treat preconditions which mandate settlement through negotiation and mediation prior to arbitration as a matter of “admissibility.” Nevertheless, Decision No.

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Kluwer Arbitration

SEPTEMBER 26, 2024

Background In 2017, Indian Oil issued a notice of arbitration against Essar under a gas supply agreement (“ GSA ”). In this post, we consider the interface between arbitration and insolvency in India, in light of the Indian Oil judgment and other recent decisions.

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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).

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Kluwer Arbitration

NOVEMBER 17, 2023

Back in 2017, seven Chinese authorities (including the People’s Bank of China and the China Securities Regulatory Commission) jointly issued the Announcement on Preventing the Financing Risks on Initial Coin Offerings. In the authors’ view, that remains an open question. As a case in point, in Sun Dingshang v.

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Kluwer Arbitration

MARCH 9, 2024

This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.

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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. 993 of 2017 The Appellant, a distributor, and the Respondent, a foreign distributor, entered into an agreement on the distribution of a specific range of sports products in various territories.

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Kluwer Arbitration

MARCH 25, 2024

Gregoire Bertrou turned towards the domestic level and provided an overview of recent developments in France, in particular the “duty of vigilance law” which was introduced in 2017. Suzanne Spears highlighted that protecting the right to regulate was one of the topics covered during the effort to modernize the ECT, which began in 2017.

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Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp. Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp.

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Kluwer Arbitration

JUNE 7, 2024

Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question. From the funders’ perspective, Harshiv Thakerar stated that in principle, funders do not attempt to recover more than 50%.

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Kluwer Arbitration

FEBRUARY 13, 2024

The ECT Modernization Melt-Down The ECT modernization process developed from 2020 until June 2022 (for a summary of the process since 2017, see here ) and finalized with an Agreement in Principle agreed by all the ECT Contracting Parties. Otherwise, it cannot be applied. Modernization or Destabilization?

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Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. a negotiation period, time limitations, or excluded disputes).

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Kluwer Arbitration

OCTOBER 16, 2023

Outcome Related Fee Structures (“ORFS”) for Arbitration in Hong Kong In 2017, by way of the TPF Amendment, Hong Kong legislators amended the Arbitration Ordinance and the Mediation Ordinance to allow for the use of third-party funding in arbitration and mediation, carving it out from the common law doctrines of maintenance and champerty.

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Kluwer Arbitration

JANUARY 24, 2024

of the Investment Protocol provides that investors and host states shall first attempt to resolve their investment disputes amicably “ through consultations, negotiations, conciliation, mediation or other amicable dispute resolution mechanisms available in the Host State ”. Similarly, Article 46.1

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Kluwer Arbitration

DECEMBER 31, 2023

In September 2017, CIETAC issued the Guidelines for Third-Party Funding and incorporated relevant rules into the CIETAC International Investment Arbitration Rules. Under Article 48.2 This continues CIETAC’s past efforts to regulate third-party funding. Another novel addition to the 2024 Rules is Article 12.2,

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Kluwer Arbitration

MARCH 11, 2024

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 Article 8 stops short of providing a basis for any liability or compensation.

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Kluwer Arbitration

MARCH 20, 2024

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 Delivery was delayed and MBA agreed to pay liquidated damages to the JCG.

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Kluwer Arbitration

FEBRUARY 16, 2024

The agreements were not drafted, negotiated, or signed by the father or his sons. 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

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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.

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Kluwer Arbitration

MARCH 25, 2024

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. In 2017, the tribunal concluded that it did not have jurisdiction ratione materiae over the claimants’ expropriation claim. The tribunal awarded $80 million in damages. Beijing Shougang v.

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Kluwer Arbitration

DECEMBER 20, 2024

Obligation to Negotiate in Good Faith However, by suddenly reversing its explicit intention to sign the modernized ECT text for no convincing reasons, the EU also violated Art. More specifically, the International Court of Justice (ICJ) has on several occasions emphasized the obligation of States to negotiate in good faith.

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Kluwer Arbitration

NOVEMBER 4, 2024

While the FIDIC’s 1999 Silver Book does not mention concurrent delay, the 2017 version requires the parties to adopt rules and procedures to deal with this issue. In 2017, the English court held that there is no policy reason why such anti-concurrency clause should not be upheld (North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC).

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Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays.

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Kluwer Arbitration

JANUARY 12, 2025

MOI negotiations were conducted in English with the Portuguese version only developed to satisfy requirements under Mozambican law, according to the claimants (Notice of Arbitration, para 33). The parties agreed to a feasibility study, with the costs borne by PEL. Expenditures prior to the investment do not create economic value.

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