Kluwer Arbitration

JUNE 23, 2024

The Advisory Centre’s Mandate Participating in ISDS proceedings requires time and money. 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.

Export 52

Export Finance Sustainability Capacity 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. Accordingly, arbitrators’ fees will not be affected either. As such, paragraph (1) works in conjunction with paragraph (4).

Negotiation 97

Negotiation Management Budget Efficiency 97

Kluwer Arbitration

OCTOBER 3, 2023

The forgery can be as simple as opening the eyes of a sleepy or inattentive arbitrator , or as severe as superimposing an arbitrator’s face and voice onto someone else’s body, forging the arbitrator’s virtual participation. Digital watermarking is a promising measure to counteract Deepfakes.

Participation 59

Participation Ethics Digital Media Media 59

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

JANUARY 28, 2024

She was also named by the National Law Journal as a 2018 ADR Champion. Participants can use them to afford more uniformity and certainty to the proceedings, i.e., agreeing to the accepted uses of AI at the initiation of a dispute resolution process. The Guidelines are intended to be used as a supplement, as necessary, to national laws.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

JUNE 9, 2024

Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate. Finally, of relevance for the Court was Bubbles & Wine v Lusha [2018] EWCA Civ 468. The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

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

Kluwer Arbitration

OCTOBER 27, 2024

More specifically, the dispute arose out of the conclusion and performance of a settlement agreement signed by the parties on 28 April 2005, which was meant to resolve the parties’ differences relating to their participation in a consortium established in the 1990s.

Import 52

Import Telecommunication Finance Corruption 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

SEPTEMBER 23, 2024

Today the majority of teams have participated in numerous pre-moots either in person or online. In such cases, it may, on the one hand, not be appropriate to let the supplier participate as a full party in the proceedings, on the other hand, it may make little sense to arbitrate the question of conformity a second time.

Supply Chain 52

Supply Chain Supplier Balance Participation 52

Kluwer Arbitration

NOVEMBER 8, 2023

Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. 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

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

OCTOBER 6, 2023

6/2018 requires arbitrators to act impartially and independently. To act with respect would not only involve a mutual respect for colleagues and participants in an international arbitration, but also a respect for diversity and an awareness of the risk of unconscious bias to refrain from discriminatory conduct.

IT 45

IT Ethics Participation Accountability 45

Kluwer Arbitration

JULY 16, 2024

Following the CJEU’s 2018 Achmea judgment , which ruled that investment arbitration under intra-EU Bilateral Investment Treaties (“BITs”) was precluded by EU law, the Commission argued that the CJEU’s findings should also apply to the ECT. 4.110; Vattenfall , paras.

IT 52

IT Utilities Contract Corruption 52

Kluwer Arbitration

MARCH 12, 2024

6 on 2018 on Arbitration , the UAE Federal Arbitration Law (“ FAL ”), introduced by Federal Decree Law No. 6 of 2018 on Arbitration) (“ Amendment Law ”), give rise to concerns that in an endeavour to improve certain provisions of the FAL, the UAE legislator has focused on the wrong ones. Recent amendments to Federal Law No.

Media 52

Media Influencing IT Corruption 52

Kluwer Arbitration

OCTOBER 8, 2023

The Einarssons and GSI initiated investor-State arbitration in October 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

Data 64

Data Media Import Corruption 64

Kluwer Arbitration

JANUARY 17, 2024

The Defendant then issued a statutory demand pursuant to section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 for claims awarded under a partial final award (the “ PFA ”). 13) Telnic at [29]-[32]. Consequently, the circumstances that qualify as wholly exceptional remain wholly uncertain. 17) Mobilox at [40].

Thresholds 52

Thresholds Demand Bidding Distribution 52

Kluwer Arbitration

OCTOBER 20, 2024

Also, our 2024 HKIAC Administered Arbitration Rules came into effect on 1 June 2024, which is a refinement of the well-received 2018 version. Since ICCA, I have been busy catching up with partners and contacts across the globe, to continue outreach and dialogue on HKIAC’s offerings and international arbitration in Hong Kong.

Efficiency 52

Efficiency Innovation Leadership Integration 52

Kluwer Arbitration

NOVEMBER 27, 2023

Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. 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

Import 52

Import Corruption IT Participation 52

Kluwer Arbitration

NOVEMBER 11, 2023

The panel’s analysis focused on the toolbox offered by Annex 3 of the 2018 DIS Rules (“ Annex 3 ”). This preliminary view was further explored through a survey among the conference participants. – the Outside Perspective,” further expanded on the outside perspective on international arbitration in Germany.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

MARCH 13, 2024

6 of 2018 (“ UAE Arbitration Law “) which maintains the enforceability of an arbitration agreement even if the arbitral award is set aside. The Dubai CoC also relied on Article 54(4) of the UAE Federal Law No.

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

MARCH 13, 2024

This approach fosters a more accommodating arbitration environment for global participants. In addition, the UAE introduced a Federal Arbitration Law in 2018 and further amended it in 2023, largely aligning its arbitration legislation framework with the UNCITRAL Model Law on International Commercial Arbitration.

Efficiency 52

Efficiency Quality Management Electronics 52

Kluwer Arbitration

OCTOBER 25, 2023

Several participants voiced concerns about the length of the arbitration process and sought advice on streamlining proceedings without compromising on fairness and thoroughness. The floor was frequently opened to the audience, resulting in a flurry of comments, insights, and follow-up questions that turned the sessions into dynamic dialogues.

Collaboration 52

Collaboration Import Efficiency Thresholds 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.

Import 52

Import Efficiency Influencing Integrity 52

Kluwer Arbitration

DECEMBER 14, 2023

In 2018, I joined the Board of Directors of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and in December 2020, I was appointed as Chairman of the LACIAC Board of Directors. The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Whistleblower Network News

JUNE 5, 2024

At the Constitutional and Unity Conference in Bangalore in February, participants in a closed-door session on whistleblowing emphasized the need to incorporate human rights defenders and journalists, among other groups, into whistleblower-organizing efforts and a comprehensive whistleblower protection law.

Participation 106

Participation Corruption Accountability Media 106

Kluwer Arbitration

OCTOBER 11, 2024

1679/2018). There is no breach of the principle of the equity of the parties if an Arbitrator participated in another arbitration with the same parties and a similar case file. Arbitrators are appointed from among the senior judges in rotation.

Insurance 52

Insurance Participation Contract IT 52

Kluwer Arbitration

MAY 22, 2024

In May 2017, the Court issued Judgement T-361 , whereby it declared Resolution 2090 void based on the lack of participation by communities located within the Santurbán Páramo and ordered the environmental authority to issue a new resolution for a broader delimitation of the Santurbán Páramo through a participatory process.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MAY 24, 2024

In May 2017, the Court issued Judgement T-361 , whereby it declared Resolution 2090 void based on the lack of participation by communities located within the Santurbán Páramo and ordered the environmental authority to issue a new resolution for a broader delimitation of the Santurbán Páramo through a participatory process.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

DECEMBER 16, 2023

Mr. Erik Franco , General Counsel of Engie Peru, noted that he participated in the elaboration of the ICC Report on Climate Change (also reported here ). In short time, the AI was corrupted by the users and started sending out violent messages. There is still few cases dealing with AI-related issues and Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Government Contracts Legal Forum

JANUARY 5, 2024

GAO found that DoD reviewed an average of only 40 M&A transactions per year from FY 2018-2022, while it was estimated that approximately 400 such transactions occur annually. Participation in such program is to be on a voluntary basis. Section 863 amends the Small Business Act, specifically 15 U.S.C. §

Government 40

Government Government Export Data 40

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

While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

SEPTEMBER 25, 2023

The move to accede to the New York Convention will therefore provide confidence to investors and encourage greater participation of business and private sector-led growth. No official English version of the document is available at the time of writing.

Negotiation 40

Negotiation Corruption Participation IT 40