Kluwer Arbitration

JANUARY 11, 2024

We are grateful to have the opportunity to showcase AFSA, one of Africa’s top five arbitral centres, as highlighted in the SOAS 2020 Arbitration in Africa Survey Report. This achievement will mark an important milestone in my professional career as I will become the first licensed to practice in both Bulgaria and South Africa.

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Kluwer Arbitration

JANUARY 12, 2024

Back in 2020, we had reported on the Heemsen v. Corruption allegations in arbitration proceedings relating to Peru remain very common. Peru , where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. Venezuela The dual nationals saga continued in Venezuela. As reported by Hon.

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Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

FEBRUARY 16, 2024

Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g. , the IBA Rules (2020) and the CIArb Protocol (2007), make clear that an expert’s role is to assist the arbitral tribunal (“tribunal”), and in so doing, to act with impartiality.

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Quality Corruption Import Management 52

Kluwer Arbitration

FEBRUARY 3, 2024

After that, several issues, not directly related to non-signatories but important for developing the pro-arbitral approach of Ukrainian courts, will be elucidated before proceeding to conclusions. Case Law Prior to the Berezan Case The judgement of the Civil Court of Cassation of the Supreme Court dated 21 May 2020 in case No.

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Buyers Contract Price Purchasing 98

Kluwer Arbitration

JUNE 3, 2024

403 of 2020 (Civil). of the LCIA Arbitration Rules 2020 simply requires signing the award while the ICC 2021 Arbitration Rules and the SIAC Rules 2016 do not even mention signing the award. of the LCIA Arbitration Rules 2020 , which allows electronic signing of the award “[u] nless the parties agree otherwise.” 42 of 2022.

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Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

NOVEMBER 22, 2023

Second, an important factor to consider is whether the interim measure is equivalent to the relief sought on the merits. Mr. Garcia Represa and Mr. Levy echoed the importance of timing and raised several other significant considerations. Views are those of the author only and are not intended to reflect those of ICC.

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Corruption Participation Import IT 52

Kluwer Arbitration

MAY 23, 2024

In December 2020, the Claimants commenced ICSID arbitration against Canada, alleging that these matters “wip[ed] out KS&T’s carbon allowances trading business” in Ontario in breach of investment protections under NAFTA. For these reasons, it is important that international investment protections are certain and clear.

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Participation Purchasing Accountability Price 75

Kluwer Arbitration

FEBRUARY 27, 2024

2020-14, Final Award, Dec. 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. Paraguay carries important lessons for both parties, but specially for Paraguay, in both arbitration and contractual law. Paraguay”].

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Contract Import IT Negotiation 52

Kluwer Arbitration

MAY 15, 2024

Finally, the vast majority of African states (forty-two out of fifty-four) have now adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards , including Malawi, Sierre Leone, Ethiopia, and the Seychelles since 2020. These steps have also been important for intra-African trade.

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Negotiation Capacity Import Corruption 52

Kluwer Arbitration

OCTOBER 14, 2024

This privatisation captured substantial public attention and scrutiny, given the importance of the services provided by CTT and the fact that these services had been rendered by public entities for almost five centuries. By way of background, under Decree-Law no.

Contract 52

Contract Sustainability Import Negotiation 52

Kluwer Arbitration

DECEMBER 12, 2024

Vision 2030 highlights the importance of providing equal opportunities for men and women in all sectors. The SCCA appointed its first female mediator in 2020. Shaima Aljubran, as previously reported on this blog. That same year, KSA launched its Vision 2030 with the aim of achieving economic diversification in the KSA.

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IT Participation Data Corruption 52

Kluwer Arbitration

JULY 15, 2024

In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.” A second level of approval has been added where one party to a dispute is a foreigner or where the case is “important”.

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Import Negotiation Contract Corruption 52

Kluwer Arbitration

MARCH 20, 2024

Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. of the 2020 LCIA Rules ), arbitrators were appointed by the parties in 48% of cases, thus reflecting that the parties’ agreement applies in priority. Lawyers need to be on top on that.

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Import Efficiency Negotiation Tender 52

Kluwer Arbitration

MARCH 11, 2024

The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).

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Capacity Import Finance Negotiation 52

Kluwer Arbitration

JULY 5, 2024

Guangdong Fa’anlong (2020) (“ Brentwood ”), where the court suggested that an ICC award seated in China should be enforced as a Chinese award, implying perhaps that Chinese courts would be more ready to accept supervisory jurisdiction over such awards going forward. 2023: China First Heavy Industries v.

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Thresholds Import Corruption IT 52

Kluwer Arbitration

APRIL 28, 2024

In a partial award issued on 13 June 2020, a majority of the tribunal rejected Gabriele’s counterclaim and set aside Delanson’s distribution to Gabriele based on a breach of the trusts and for an improper purpose. Relevantly, Gabriele filed a counterclaim seeking, inter alia , to set aside the trust on the grounds of mistake.

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Distribution Capacity IT Corruption 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC. Indian Oil and other creditors appealed the plan to the National Company Law Appellate Tribunal (“ NCLAT ”), which modified the plan to “safeguard” the rights of the appellant creditors.

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Participation Negotiation Import Corruption 52

Kluwer Arbitration

FEBRUARY 20, 2024

403/2020 (Civil) , Dubai Court of Cassation No. 5/2020 (Commercial) , and Dubai Court of Cassation No. 1016/2020 (Commercial). 403 of 2020 (Civil) , enforcement of the foreign award was refused because the award was signed only on the last page. The most important element has been the UAE’s legislative framework.

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Kluwer Arbitration

MARCH 22, 2024

However, it was important to bear in mind that the new law only applied to international commercial arbitrations, and not domestic arbitrations to which the old law would still apply.

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Import Corruption Consulting Efficiency 52

How to Crack a Nut

MARCH 28, 2023

The 2020 European strategy for data ear-marked public procurement as a high priority area for the development of common European data spaces for public administrations. The two bottom layers, and in particular the data layer, are the ones doing all the heavy lifting. As always, ‘no data, no fun’ (see below 5).

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Kluwer Arbitration

MARCH 30, 2024

In Brazil, however, a study coordinated by Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) at Fundação Getúlio Vargas’ Sao Paulo Law School and Canal Arbitragem in 2023, showed that the use of mediation in Brazil has grown in the last 10 years, especially during the pandemic, in 2020 and 2021 (see here ).

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Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

NOVEMBER 23, 2023

In particular, the Court stated that recognition and enforcement proceedings cannot revisit allegations that should be heard before the tribunal that issued the foreign judgment, in this case, the arbitral tribunal (in the same vein, see Supreme Court recent decision on Case N° 124.338-2020 , dated 5 July 2023).

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Kluwer Arbitration

FEBRUARY 16, 2024

The decision on the claim for the grant of the casino licence (dismissed in the first arbitration) was thus not a preliminary question of prejudicial importance in the second arbitration. Decision 4A_256/2023 (6 November 2023) concerned the citizenship of a football player (A.) Please see Part II for further developments in 2023.

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Kluwer Arbitration

JULY 12, 2024

Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. of the VIAC Rules ). Delays often stem from the excessive and misleading presentation of documents.

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Ethics Balance Import Thresholds 52

Kluwer Arbitration

OCTOBER 27, 2023

Mr. Potsch then presented an updated analysis on how Brazilian State Courts applied the CISG between August 2020, and June 2023. Conclusion The 22 nd CBAr IAC not only allowed friends and colleagues to meet in person, but also brought to light important aspects regarding the interaction between arbitration and business contracts.

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Contract Import Ethics Corruption 52

Kluwer Arbitration

MAY 14, 2024

Drafting FM clauses related to ESG issues, parties should be aware of whether they wish to have defined criteria, either alone or in addition to a list of events, and whether these listed events, once occurring, are presumed to be FM events or whether they need to be proved ( e.g. , the 2020 ICC Force Majeure Model Clause ).

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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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Thresholds Price IT Corruption 52

Kluwer Arbitration

SEPTEMBER 8, 2024

Following this legal regime, in October 2020, after a contentious shareholder resolution, several but not all of the Applicant’s shareholders initiated arbitration proceedings against the Applicant, seeking to invalidate the resolution.

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Participation Corruption IT Import 52

Kluwer Arbitration

MAY 2, 2024

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. In May 2020, the First Tribunal rejected Lima’s arguments, granting Rutas damages for rate recollection. To get your free subscription to the ITA Arbitration Report, click here.

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Transportation Transportation Corruption IT 52

Kluwer Arbitration

OCTOBER 13, 2024

She brings national and international experience in leading disputes practices in Melbourne and in Paris as well as valuable in-house experience at the front end of projects and the back end of disputes in construction and energy—two of the most important industries at ACICA. Past interviews are available here.

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Sustainability Quality Import Supply Chain 52

Kluwer Arbitration

FEBRUARY 8, 2024

In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.

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Participation Efficiency Balance IT 59

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.

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Import Efficiency Influencing Integration 52

Kluwer Arbitration

APRIL 20, 2024

53 of 2021, there were two important aspects that were unclear under the Bahraini Law No. 3439 of 2020. Understanding the difference between a request and lawsuit is important in the context of the Bahraini legal system, particularly when it comes to the enforcement of an arbitral award. Prior to Case No. 53 of 2021 In Case No.

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Contract IT Import Corruption 59

Kluwer Arbitration

OCTOBER 17, 2024

This discussion underscored the critical need for ongoing reform and capacity building, while also highlighting the importance of cultural sensitivity and local engagement. She explained that the Tongan International Arbitration Act 2020 was enacted in view of the pressing need to attract FDI.

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Capacity Balance Import Corruption 52

Kluwer Arbitration

OCTOBER 3, 2024

In addition to the fact that this approach is inconsistent with the general rule of interpretation, it creates the risk of arbitral tribunals importing into investment treaties obligations that the parties have not consented to be bound by, undermining the consensual nature of public international law on which the VCLT is based.

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Accountability IT Corruption Government 59

Kluwer Arbitration

SEPTEMBER 16, 2024

Vedanta , (2020) 10 SCC 1, upheld the principle of minimal judicial intervention to a foreign award, where interference could only be based on the exhaustive grounds mentioned under Section 48 of the Arbitration Act. A robust enforcement mechanism is one of the most important features of an arbitration friendly jurisdiction.

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Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

SEPTEMBER 14, 2024

This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. It had earlier failed in a constitutional challenge before the HCA contesting this legislation involving an iron ore project (see Zeph’s request for consultations on 14 October 2020 under a bilateral FTA here ).

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