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Time to Listen and Act: Settlement Facilitation in Arbitration

Kluwer Arbitration

This would encourage the companies’ management to manoeuvre settlement negotiations with more confidence once the arbitration has commenced. Discussing settlement windows when establishing the procedural timetable will encourage all parties and tribunal members to consider settlement negotiations and facilitations at an early stage.

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Australian Arbitration Week Recap: Hot Cakes & Hot Takes—Trends and Developments in Asia’s Energy Sector

Kluwer Arbitration

This contrasts with a more conciliatory approach leading to negotiated outcomes that had previously prevailed in Asia, as discussed further below. 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.

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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

initiated arbitration proceedings against the Republic of South Sudan on 26 July 2018, demanding payments of USD 3 billion. The agreements were not drafted, negotiated, or signed by the father or his sons. In 2018, A.’s The parties waived their right to appeal and agreed that the arbitral award would be final and binding.

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Recent Developments in Hong Kong Arbitration

Kluwer Arbitration

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.

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Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?

Kluwer Arbitration

Until a decade or so ago, a major concern of courts faced with Med-Arb clauses or negotiation-then-arbitration clauses in commercial contracts, especially in common law jurisdictions, was whether the negotiation or mediation obligations were sufficiently certain to create contractual obligations.

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The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

Kluwer Arbitration

This would have been the case lacking a timely European initiative to tackle the compatibility of the ECT intra-EU application with EU law within the multilateral framework itself in the interest of energy investors’ legal certainty; an initiative which, as well known, only developed after the 2018 Achmea judgement.

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A Governance Revolution or Costly Distraction? Reassessing the promises of blockchain for public procurement governance

University of Bristol

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.