Kluwer Arbitration

APRIL 21, 2024

How It Started In 2019, the year before the pandemic, international arbitrator Lucy Greenwood looked behind her at the end of a hearing. Lucy Greenwood launched the Green Pledge with her 2019 blog post – A Zero-Impact Arbitration? This year marks a milestone for the CGA as it celebrates the fifth anniversary of the Green Pledge.

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Kluwer Arbitration

AUGUST 20, 2024

unofficial translation) When a dispute arose in 2019, PPSB initiated arbitration and requested the Judge of the District Court of Rotterdam (“the District Court”) to appoint an arbitrator in accordance with Article 1027(3) of the Dutch Arbitration Act (“DAA”).

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Kluwer Arbitration

DECEMBER 26, 2023

Amongst others, I faced several criminal charges in 2019 relating to certain acts allegedly committed during my earlier tenure as Director of AIAC. It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. 1) Rule 12 of the 2023 Rules.

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Kluwer Arbitration

AUGUST 23, 2024

In 2019, Kaga-Fujitsu Electronics sued Cypress in California state court for breach of contract, and Cypress filed a cross-complaint against Kaga-Fujitsu Electronics and Fujitsu Semiconductor. In 2016, Spansion assigned its rights and obligations under the earlier Foundry Agreement to Cypress. Ltd. (“Kaga”). McDonnell , 403 F.

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Kluwer Arbitration

MAY 14, 2024

Focusing on arbitration, Odynski referred to the 2019 ICC Task Force Report on Climate-Related Disputes in Arbitration. Netherlands ), and the increasing number of environmental obligations in investment treaties as a basis for States’ counterclaims ( e.g. , 2019 Dutch Model BIT ; Burlington v. Ecuador for an example).

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Open Contracting Partnership

JULY 6, 2023

Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.

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Kluwer Arbitration

JULY 2, 2024

decision 4A_306/2019 of 25 March 2020, para. 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 decision 4A_398/2021 of 20 May 2022, para.

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Kluwer Arbitration

NOVEMBER 17, 2023

and Singapore 2) For example, under the Payment Services Act 2019 of Singapore , cryptocurrencies are considered digital payment tokens regulated by the Monetary Authority of Singapore.

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Kluwer Arbitration

NOVEMBER 9, 2023

1) See in general: J Ole Jensen, ‘Tribunal Secretaries in International Arbitration’, (Oxford University Press, 2019). References [ + ] References ↑ 1 See in general: J Ole Jensen, ‘Tribunal Secretaries in International Arbitration’, (Oxford University Press, 2019).

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Kluwer Arbitration

OCTOBER 20, 2024

The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity. Also, our 2024 HKIAC Administered Arbitration Rules came into effect on 1 June 2024, which is a refinement of the well-received 2018 version.

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Kluwer Arbitration

JULY 7, 2024

On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage ).

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Kluwer Arbitration

FEBRUARY 11, 2024

As ICA spreads East from the 1990s, the practice of the arbitrator acting as mediator attracted interest (notably, still, in mainland China ) due to the potential efficiencies. Yet concerns arose especially if the same neutral engaged in ‘caucusing’, due to fundamental principles of neutrality and equal treatment of the parties.

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Kluwer Arbitration

JULY 11, 2024

Bayzakova in 2019 , the TIAC has played a leading role in advancing arbitration in Uzbekistan and has also hosted successful Uzbek Arbitration Weeks since 2021. The TICC aims to provide a platform for the efficient resolution of commercial disputes involving foreign parties, complementing the existing arbitration infrastructure.

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Kluwer Arbitration

OCTOBER 16, 2023

This interpretation was also consistent with the legislative purpose of the Ordinance, which is to resolve disputes fairly and efficiently through arbitration. 101 Applications under the Interim Measures Arrangement in its Fourth Year of Enforcement On 1 October 2019, the Interim Measures Arrangement came into effect.

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Kluwer Arbitration

JANUARY 29, 2024

Regarding procedural efficiency, simultaneous resolution of all disputes including the counterclaims by an arbitral tribunal prevents duplication of proceedings, is cost-effective, and ensures neutrality of the dispute forum, which is essential to investors. 1 Netherlands Model BIT 2019 ), CSR clauses (e.g. 11-18 IISD Model 2005 ).

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Curbing Corruption in Government Contracting

JANUARY 21, 2020

Enhancing the transparency of government in general and of public procurement processes in particular has been increasingly on the agenda of governments, civil societies and businesses as evidenced by initiatives such as the Open Government Partnership which has seen 70 OGP members making 189 open contracting commitments by March 2019 [1].

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Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. Japan’s BIT with Bahrain that was signed in June 2022 entered into force in September 2023.

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Kluwer Arbitration

SEPTEMBER 27, 2024

The complexity of proving causation, as shown by research conducted by the Brazilian Federal Court of Accounts (“TCU ”) in 2019, was exemplified by the fact that 47% of construction projects in Brazil are stalled due to technical issues, which often result in judicial or arbitral disputes.

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Kluwer Arbitration

JANUARY 21, 2024

Noting the broad discretion afforded to tribunals to decide upon procedural issues, one piece posited that an emphasis on efficiency found in many institutional rules may encourage the limited use of AI. The European Parliament made further advances in 2023 with its AI Act.

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Kluwer Arbitration

FEBRUARY 7, 2024

A multi-departmental approach can enhance efficiency and ensure that consistent strategies are being employed in dispute resolution. 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.

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Kluwer Arbitration

APRIL 11, 2024

In 2019, the SCIA established its Hong Kong branch (SCIA-HK), achieving a dual-jurisdictional presence. Huang believes that these characteristics allow the online platform to carry out the benefits of international arbitration: confidentiality, convenience, efficiency, professionalism, and service across borders. Version 1.0

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Kluwer Arbitration

OCTOBER 27, 2023

Friedman, Arbitrator Hercules could achieve integrity by exercising seven virtues: honor flexibility; make parties feel heard and understood; understand the true motivation of the parties; respect the business context; act efficiently; do not fear their authority; make the award meaningful.

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Kluwer Arbitration

OCTOBER 13, 2024

It is essential that the institution continues to offer the high quality and efficient case administration services for which we have come to be recognised. It was a dynamic period there—the caseload grew from 17 cases when I started in 2008 to over 150 when I left in 2019. Past interviews are available here.

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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.

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Kluwer Arbitration

APRIL 3, 2024

This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.

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Kluwer Arbitration

MARCH 20, 2024

In France, the Pacte Law of 2019 defines digital assets and sets a framework for digital asset services and initial coin offerings. Crypto assets are classified based on the technology they utilize, primarily distributed ledger technology (“DLT”), such as blockchain.

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Kluwer Arbitration

DECEMBER 14, 2023

The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana. This interview is particularly timely in light of the implementation of Nigeria’s long-awaited 2023 Arbitration and Mediation Act , which replaces Nigeria’s 35-year-old Arbitration and Conciliation Act 1988.

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Kluwer Arbitration

DECEMBER 25, 2023

The ICC reports a 67% increase over the past five years, with 20% of cases involving such entities in 2019. It assures commercial parties that the state entity will engage in fair and efficient dispute resolution. However, neither the UAE nor the DIFC has specific laws addressing sovereign immunity to foreign states.

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Kluwer Arbitration

SEPTEMBER 26, 2023

Hay discussed the Amsterdam Court of Appeal decision of 29 January 2019 which addressed that due process requirements are mandatory even in cases where the dispute resolution takes place online or through email. Parties may incline towards efficiency than rigorous due process, with a desire to opt out of due process requirements.

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University of Bristol

AUGUST 23, 2021

Background By way of background, it is worth saying that NHS commissioning is a peculiar procurement activity resulting from the creation of an NHS internal market in the 1990s with the aim of harnessing market incentives and competition-based governance to improve the efficiency of the English healthcare system (see here ).

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Kluwer Arbitration

APRIL 20, 2024

While the latter group has indeed contributed to an orderly improvement of the ISDS processes with focus on ethics, transparency and efficiency, the former group has forced terminations of several treaties and the triggering of sunset clauses with rather little tangible outcomes. Loukas Mistelis, Co-Editor-in-Chief Prof.

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Kluwer Arbitration

DECEMBER 16, 2023

Porangaba noted that technological development is key, and that investments in smart grids may increase efficiency of energy distribution. In short time, the AI was corrupted by the users and started sending out violent messages. In 2023, Brazil reached 94% of renewable production in its electrical matrix.

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Kluwer Arbitration

JANUARY 15, 2025

Today, I am active in several associations, such as the Swedish Anti-Corruption Institute , the International Law Association , and the International Federation of Commercial Arbitration Institutions. I constantly advocate for relevant and efficient dispute resolution methods. It feels like I do a bit of everything.

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Kluwer Arbitration

MARCH 25, 2025

And, most importantly, does the pro-enforcement policy require the courts to overlook foundational and structural issues in the arbitral process (listed in Article V of the Convention) in favour of efficiency and certainty? v Acro Textile Mills Ltd PLD 2018 Lahore 597 ( Louis Dreyfus )).

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Kluwer Arbitration

MARCH 17, 2025

By replacing the common law rule and offering a straightforward default position, the prospect of disputes arising in relation to the law governing the arbitration agreement becomes less likely thereby further promoting cost effective and efficient arbitration. Such default position already features in the LCIA Rules (Article 16.4)

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Kluwer Arbitration

MARCH 12, 2025

The 2019 QMUL Pinsent Masons Driving Efficiency in International Construction Disputes Survey recognised “issuing an award within a reasonable period of time” as the top characteristic of an efficient arbitrator. Does it Matter if a Tribunal is Responsible for Fixing the Time Limit for Rendering Awards?

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Kluwer Arbitration

FEBRUARY 14, 2025

It also includes portfolio investments within the definition of investment which was categorically removed in the Model BIT 2016 and subsequently executed treaties, such as the India – Belarus BIT 2018 and India – Kyrgyzstan BIT 2019.

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