Kluwer Arbitration

JANUARY 14, 2024

As for Hong Kong, our contributor looked at the four years in practice of the Interim Measures Arrangement, which, since coming into effect in October 2019, has emerged as a preferred method for interim measures between Mainland China and Hong Kong in arbitrations. In this respect, our contributors reported on a conference in Washington, D.C.

Negotiation 52

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Kluwer Arbitration

MARCH 9, 2024

This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.

Ethics 52

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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

AUGUST 7, 2024

Since the negotiations turned out unsuccessful, the Claimant filed with the RAC to recover the debt under the contract and the late payment interest under the Thailand Civil and Commercial Code. Contractor v. Employer (Award), CRCICA Case No.

Freight 52

Freight Transportation Transportation Contract 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.

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Kluwer Arbitration

JANUARY 24, 2024

Introduction In May 2019, the AfCFTA entered into force. of the Investment Protocol provides that investors and host states shall first attempt to resolve their investment disputes amicably “ through consultations, negotiations, conciliation, mediation or other amicable dispute resolution mechanisms available in the Host State ”.

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Kluwer Arbitration

OCTOBER 16, 2023

101 Applications under the Interim Measures Arrangement in its Fourth Year of Enforcement On 1 October 2019, the Interim Measures Arrangement came into effect. Looking back on the past, the first interim measure (under the Interim Measures Arrangement) was granted by the Shanghai Maritime Court on 8 October 2019.

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Kluwer Arbitration

APRIL 22, 2024

57/2019, which expressly prohibits AGU’s attorneys to undertake private engagements related to alternative dispute resolution, e.g. , arbitration, mediation, conciliation, and negotiation. In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

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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.

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Capacity Import Negotiation Finance 52

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. However, Mota Engil had already lodged its request for arbitration in December 2019. ↑ 4 José Moreno Rodriguez (ed.),

Contract 52

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Kluwer Arbitration

FEBRUARY 16, 2024

The agreements were not drafted, negotiated, or signed by the father or his sons. 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

Capacity 52

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Kluwer Arbitration

NOVEMBER 28, 2023

2019-11, Award dated 31 January 2022; Manuel García Armas et al v Venezuela , CPA 2016-08, Award on Jurisdiction dated 13 December 2019; Enrique Heemsen v Venezuela , CPA 2017-18, Award on Jurisdiction dated 29 October 2019).

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Kluwer Arbitration

FEBRUARY 11, 2024

The relative paucity of Med-Arb clauses in cross-border contracts involving parties from some parts of the world may also help to explain the relatively few ratifications of the 2019 Singapore Mediation Convention. The overall growth in Med-Arb provisions in ICA has not yet had much impact on investment treaties and therefore on ISA.

Negotiation 52

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Kluwer Arbitration

DECEMBER 4, 2023

” Letter from the Stop ISDS movement to the President of the European Union Council (2019) Arbitration lawyers are proud of their profession. Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later.

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Kluwer Arbitration

DECEMBER 4, 2023

” Letter from the Stop ISDS movement to the President of the European Union Council (2019) Arbitration lawyers are proud of their profession. Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later.

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Kluwer Arbitration

JUNE 7, 2024

Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question. From the funders’ perspective, Harshiv Thakerar stated that in principle, funders do not attempt to recover more than 50%.

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Kluwer Arbitration

SEPTEMBER 14, 2024

However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones. A similar jurisdictional objection can be expected in the claims brought under the first Zeph claim, as the claimant appears to be incorporated in 2019.

Transparency 52

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Kluwer Arbitration

MARCH 20, 2024

Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work. Dr Kozmenko also expressed her support for the creation of a multilateral investment court, drawing similarities with the original reason for BIT arbitrations as creating a neutral forum, separate from state courts.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

FEBRUARY 10, 2024

In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023.

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Whistleblower Network News

DECEMBER 6, 2023

In the leadup to the 10th Conference of States Parties ( CoSP 10 ) to the UN Convention Against Corruption (UNCAC), members of Civil Society are encouraging UNCAC to pass a dedicated whistleblower resolution. With informal negotiations in Vienna underway, one resolution on whistleblower protection has been introduced by Serbia and Palestine.

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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

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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.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

OCTOBER 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 Oliveira e Merqueades Ltda (Vanorry Holding Eireli) & Sppatrim Administracao e Participacoes Ltda v.

Insurance 52

Insurance Participation Contract IT 52

Kluwer Arbitration

AUGUST 4, 2024

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

NOVEMBER 13, 2024

In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU.

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Negotiation Corruption IT Accountability 87

Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. TPP’s active and leading involvement in the negotiation and implementation of the project, coupled with an amendment that TPP signed as a party, further solidified its status. f) limited claims to Greenfield.

Contract 52

Contract Negotiation Transportation Transportation 52

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 co-founded SWAN , Swedish Women in Arbitration Network, an association that I am very proud to say is still live and kicking.

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