Kluwer Arbitration

FEBRUARY 14, 2024

This article outlines the 2018 Bankruptcy Law’s impact over the past six years and anticipates the transformative effects of the CTL. Recently, the Saudi Civil Transactions Law (“CTL”), effective from December 2023, enables creditors to transfer their rights for consideration, potentially reshaping established practices in the KSA.

Distribution 52

Distribution Corruption Purchasing IT 52

Kluwer Arbitration

OCTOBER 8, 2023

The third judgment, with a comment by Etienne Marque, is the latest saga in the remarkable string of French cases pursuant to which the annulment judge is granted the power to investigate all the elements of corruption in law and in fact. 6 ECHR would be available.

Corruption 98

Corruption IT Management Contract 98

Kluwer Arbitration

SEPTEMBER 25, 2024

2018-55) (“Mason”), reaching the same substantive result as last year’s award in Elliott Associates L.P. 2018-51) (“Elliott”), while disagreeing on the attribution to the State of Korea’s National Pension Service’s (the “NPS”) conduct. On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P.

Corruption 52

Corruption Budget Management Balance 52

Kluwer Arbitration

NOVEMBER 11, 2024

On March 6, 2018, the Court of Justice of the European Union (“CJEU”) delivered its (in)famous Achmea judgment (Case C-284/16), which subsequently became synonymous with the demise of investor-state arbitration in bilateral investment treaties between Member States of the European Union (“intra-EU BITs”).

Thresholds 52

Thresholds IT Corruption Accountability 52

Import and Trade Remedies

NOVEMBER 30, 2023

The EPPO has the power to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross border fraud. This is yet another case of the EPPO, launched in 1 June 2021, as the first new supra-national prosecution authority in the EU.

Impact Assessment 45

Impact Assessment Import Participation Transportation 45

Kluwer Arbitration

OCTOBER 29, 2024

The Appellate Courts of Rio Grande do Sul upheld this decision on April 26, 2018, asserting that the application on a supplementary basis of the 1973 BCCP was fully appropriate given the parties’ choice of governing law (Brazilian law).

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Participation Influencing Government Government 59

Kluwer Arbitration

NOVEMBER 3, 2024

The state challenged the partial award before the Swiss Supreme Court, but without success (Decision 4A_80/2018 of 7 February 2020 ). In the same partial award, the tribunal found that the state was—in principle—liable for certain treaty breaches.

Accountability 52

Accountability Corruption IT Government 52

Kluwer Arbitration

NOVEMBER 24, 2023

0198-2018-CCL, 12 July 2021 Marianella Ventura Silva, ITA Reporter for the Centro de Arbitraje de la Cámara de Comercio de Lima (CCL) In this case, the arbitral tribunal determined jurisdictional matters in a partial award, in which it decided on its competence. Viettel Perú S.A.C. Construcciones Electromecanicas Delcrosa S.A.

Telecommunication 52

Telecommunication Distribution Transportation Transportation 52

Kluwer Arbitration

OCTOBER 23, 2024

Guyana’s investor-state arbitration landscape is largely unchanged as the most recent Bilateral Investment Treaty (“BIT”) was signed with Brazil (2018). An award conflicts with public policy if it was induced by fraud or corruption or was procured in breach of natural justice (see section 59 of the AA).

Bidding 98

Bidding Corruption Import IT 98

Kluwer Arbitration

FEBRUARY 16, 2024

initiated arbitration proceedings against the Republic of South Sudan on 26 July 2018, demanding payments of USD 3 billion. In 2018, A.’s The parties waived their right to appeal and agreed that the arbitral award would be final and binding. Decision 4A_256/2023 (6 November 2023) concerned the citizenship of a football player (A.)

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

AUGUST 12, 2024

On 2 February 2018, Sellers were given permission to obtain possession of the Goods and then sold them to a related third party. The date of default was 2 February 2018 when Sellers obtained possession of the Goods and could sell them. Contractual terms The standard Gafta default clause, as incorporated, provides: “DEFAULT.

Buyers 52

Buyers Price Purchasing Freight 52

Kluwer Arbitration

MAY 2, 2024

In its decision of 18 December 2018, the Court of Appeal partially set aside an arbitral award on the ground that the arbitrator incorrectly refused jurisdiction over some of the non-signatories of the arbitration agreement. Société Indagro v. Société Pabalk Ticaret Limited Sirketi v. 730, Pourvoi No.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

FEBRUARY 20, 2024

The Law: Enforcement Procedures and Conditions A key change was introduced to the procedure for the enforcement of foreign awards in 2018. In December 2018, the Implementing Regulations of the Old CPL were issued through Ministerial Cabinet Resolution No. 57/2018 (“ Regulations ”) introducing new procedures.

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

JUNE 23, 2024

But they also stem from structural problems – and for this reason, Working Group delegates have voiced concerns about costs throughout the reform process (see, for example, October-November 2018 Session Report , paras. 31-35; September 2022 Session Report , para.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

NOVEMBER 15, 2023

2018Do3619 dated 30 May 2018 , the court was asked to review the lower court’s ruling that the defendant’s criminal proceeds in cryptocurrency could be confiscated under Korean law. 2018 Do 3619 dated 30 May 2018). Cryptocurrency is an Intangible Asset with Property Values In the Supreme Court Judgment No. Ripple Labs, Inc. ,

Tender 52

Tender Buyers Contract Corruption 52

Kluwer Arbitration

MAY 12, 2024

The case subsequently came under the review of the European Court of Human Rights (“ECtHR”), which issued its ruling on 4 October 2018 ( 40575/10 and 67474/10 , previously discussed here ). Ms Pechstein unsuccessfully challenged the arbitral award before the Swiss courts. The same applies to Section 28 of the 2016 DIS Sport Arbitration Rules.

Balance 52

Balance Quantity Corruption IT 52

Kluwer Arbitration

OCTOBER 16, 2023

Subsequently, the Hong Kong International Arbitration Centre (“HKIAC”) amended its 2018 Administered Arbitration Rules (the “2018 HKIAC AAR”) to allow and regulate the use of third-party funding. Compared with the 2018 HKIAC AAR, the Rules have more stringent requirements when it comes to disclosure.

Efficiency 52

Efficiency Innovation IT Negotiation 52

Kluwer Arbitration

JANUARY 1, 2024

In contrast, Privinvest argued that the allegations of corruption in relation to the conclusion of the supply contract entitled the Respondent to have the legitimacy of the supply contracts determined by the forum chosen in the supply contracts. 48] In doing so, the judgment in Sodzawiczny v Ruhan [2018] was referred to.

Corruption 52

Corruption Contract IT Import 52

Kluwer Arbitration

OCTOBER 17, 2024

More progressively, Article 26 of the 2018 DIS Arbitration Rules obliges the arbitral tribunal to discuss with the parties the possibility of amicable settlement of the dispute or of individual disputed issues.

Negotiation 97

Negotiation Management Budget Efficiency 97

Kluwer Arbitration

SEPTEMBER 19, 2024

In 2018, Crescent launched a second arbitration, claiming US$ 18.6 In the other arbitration, Aynès’ law firm had raised serious corruption allegations against high-level Iranian officials and was collaborating with Crescent’s lead counsel. billion in damages.

Corruption 52

Corruption Thresholds Sustainability IT 52

University of Bristol

DECEMBER 10, 2019

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

Public Procurement 52

Public Procurement Procurement Government Government 52

Open Contracting Partnership

NOVEMBER 7, 2023

These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. And despite the reforms aimed at improving accountability, perceptions of corruption in public procurement remained high.

Public Procurement 69

Public Procurement Procurement E-procurement Transparency 69

Kluwer Arbitration

DECEMBER 26, 2023

During my previous tenure as the Director of AIAC from 2010-2018, one of the pivotal moments was the rebranding of the Regional Centre of Arbitration Kuala Lumpur (RCAKL) to Kuala Lumpur Regional Centre for Arbitration (KLRCA) in May 2010 symbolising the Centre’s regional forward-looking growth.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

AUGUST 21, 2024

The case was brought before Ethiopian courts to enforce a 2018 GAFTA arbitral award rendered in England in favor of Heighten Incorporated. Ministry of Agriculture (Cassation File No. 225202) case interpreted the requirement of “reciprocity” in a liberal manner. At the time, Ethiopia was not a signatory of the NYC.

Retail 97

Retail Export Import Corruption 97

Kluwer Arbitration

JANUARY 28, 2024

She was also named by the National Law Journal as a 2018 ADR Champion. 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 Vitaly Ivanovich Smagin , No.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

JUNE 9, 2024

Finally, of relevance for the Court was Bubbles & Wine v Lusha [2018] EWCA Civ 468. 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

Insurance 104

Insurance Influencing Import Balance 104

Whistleblower Network News

OCTOBER 11, 2023

In 2018, the agency was told by the Government Accountability Office (GAO) to update its regulations to better incentivize whistleblowers. In 2018, the Government Accountability Office (GAO) published a scathing report on the agencies’ handling of whistleblower awards.

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Utilities Accountability Quality Networking 127

Kluwer Arbitration

JANUARY 11, 2024

In 2018, I embarked on a new chapter in South Africa, where I furthered my academic pursuits with an LLM in International Economic Law from the University of the Witwatersrand, where we won the African Regional Round of the 19th John H. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Kluwer Arbitration

APRIL 4, 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 Therefore, the BSCC’s approach is in line with the prevailing practices of today.

IT 52

IT Contract Corruption Evaluation 52

Kluwer Arbitration

MARCH 20, 2024

Not only is it now one of the busiest international arbitral institutions (with 900 cases per year on average), but it also ensures the rendering of effective awards under its aegis, as confirmed by the Swiss Federal Tribunal (SFT) in 1993 in the Gundel case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

MARCH 27, 2024

2018-202 of 26 March 2018 ). 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 International law also provides several exceptions.

Public Private Partnership 52

Public Private Partnership Public Procurement Contract Transportation 52

Kluwer Arbitration

OCTOBER 27, 2024

Opportunity concluded that the above facts were likely to cause, in the minds of the parties, a reasonable doubt as to the independence and impartiality of the presiding arbitrator, and added that this had been confirmed by the ICC which upheld Opportunity’s challenge on 5 March 2018.

Import 52

Import Telecommunication Finance Corruption 52

Kluwer Arbitration

SEPTEMBER 21, 2023

PCEB Opinion-Based Litigations and Arbitrations – An Asymmetric Regime In 2018, when both the new Civil Procedure Code and the new Arbitration Act entered into force, the lawmaker introduced special provisions for litigations and arbitrations started on the basis of a PCEB opinion. Is that such a big problem? I do not think so.

IT 40

IT Corruption Engineering Import 40

Kluwer Arbitration

OCTOBER 15, 2024

However, since the first reported LNG price review arbitration arose out of Asia in 2018, there has been a growing number of instances of such price reviews proceeding to arbitration. LNG Price Reviews in Asia Versus Australia Historically, LNG price reviews in Asia were compromised and settled.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

FEBRUARY 7, 2024

Union of India 1) 2018 SCC OnLine Del 8842, paras 145-146 , under the India-Netherlands BIT, and Union of India v. References [ + ] References ↑ 1 2018 SCC OnLine Del 8842, paras 145-146 ↑ 2 2019 SCC OnLine Del 6755, paras 35-36 ↑ 3 The Board of Trustees of the Port of Kolkata v. Cases like Vodafone v.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

JULY 11, 2024

Diana: Since its establishment in 2018 under the Chamber of Commerce and Industry of Uzbekistan, the TIAC has achieved significant milestones in advancing the use of international arbitration both within Uzbekistan and the wider CIS region. It has been a little more than five years since the establishment of the TIAC.

Capacity 52

Capacity Efficiency Collaboration Innovation 52

Kluwer Arbitration

OCTOBER 3, 2024

2018-41, the tribunal pointed out that: “[when] the VCLT requires that treaties be interpreted in good faith, it implies that constructions which lead to contradictory positions must be rejected”. Similarly, in the Award of 1 November 2023 rendered in JSC DTEK Krymenergo v. Russian Federation , PCA Case No.

Accountability 59

Accountability IT Corruption Government 59