Kluwer Arbitration

FEBRUARY 11, 2024

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.

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

AUGUST 4, 2024

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.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

SEPTEMBER 22, 2024

These policy objectives were already reflected in Angola’s National Development Plan for 2018-2022 , and were again reflected in the National Development Plan for 2023-2027. Some argue that these provisions may be detrimental to investors while, simultaneously, not sufficiently ambitious towards States.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts. Cases like Vodafone v.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

AUGUST 7, 2024

1090/2016, 31 December 2018 Ismail Selim, Cairo Regional Center for International Commercial Arbitration (“CRCICA”), ITA Reporter for the CRCICA CRCICA Case No. To get your free subscription to the ITA Arbitration Report, click here. The ITA Board of Reporters has reported on the following awards. First Industry Operator v.

Freight 52

Freight Transportation Transportation Contract 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. It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed.

Distribution 52

Distribution Thresholds Negotiation Contract 52

Kluwer Arbitration

APRIL 22, 2024

Background As reported here , the underlying arbitration was brought in 2018 by pension fund Fundação Petrobras de Seguridade Social (“Petros”) against Mosaic Fertilizantes P&K LTDA (“Mosaic”), under the auspices of Centro Brasileiro de Mediação e Arbitragem (“CBMA”). 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

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.

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

DECEMBER 16, 2023

ii) the second wave (2012-2018) consisted of softwares to manage cases, store data and review contracts such as Disco, Ontra, Premonition, Legalist etc; (iii) the third wave (2019-today) was when AI started imitating human behavior, like assistants and co-counsel softwares, namely CaseText, Harvey and so on.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

OCTOBER 11, 2024

1679/2018). 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

Insurance 52

Insurance Participation Contract Negotiation 52

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.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

NOVEMBER 4, 2023

billion in 2018. Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. Lim also highlighted that some of the largest Philippine companies have been entrusting high-value disputes to SIAC. billion and USD 1.7

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 15, 2024

16.1 ) as well as the internal resolution of the ICJ adopted as of September 2018 which bar current ICJ Judges from “double hatting” and as such would be expected to limit ICJ members’ involvement in ISDS cases going forward. Second, Professor Rivas addressed the potential direct influence of new ICJ judgments on ISDS decisions.

Influencing 52

Influencing IT Negotiation Corruption 52

Kluwer Arbitration

SEPTEMBER 25, 2023

Timor-Leste has since turned its attention towards finalising its land and boundaries with Indonesia and is engaged in ongoing bilateral negotiations to this end [fn]Maritime Boundary Office, Timor-Leste’s Maritime Boundaries with Indonesia , [link]. ↑ 5 The official document is in Portuguese.

Negotiation 40

Negotiation Corruption Participation IT 40

Kluwer Arbitration

MARCH 19, 2025

Procedurally, the clause was embedded in fine print and drafted in a way that disadvantaged the consumer, making it difficult to understand or negotiate. In this case, the California Supreme Court ruled that the arbitration clause in question was unenforceable due to both procedural and substantive unconscionability.

Networking 52

Networking Contract Transparency Influencing 52

Kluwer Arbitration

FEBRUARY 5, 2025

I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty. How has your experience been so far?

Negotiation 52

Negotiation Sustainability Contract Finance 52

Kluwer Arbitration

JANUARY 29, 2025

The Claimant had argued that the failure of Romania to adopt a Draft Law that was prepared following negotiations of the parties violated the BITs. In particular, the majority did not find any abuse of process or other wrongful conduct on the part of Romania in dealing with the permit issue.

Corruption 52

Corruption Framework Agreement Influencing Negotiation 52

Kluwer Arbitration

FEBRUARY 18, 2025

Gender Balance and Emerging Arbitration Hubs The 2024 edition of the biennial SOAS Arbitration in Africa Survey (Survey), like the previous editions in 2018 , 2020 and 2022 , provides empirical insight into the growth and particularities of arbitration in Africa. Significant Arbitration Cases a.

Collaboration 52

Collaboration Balance Data Negotiation 52