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

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. A number of factors have influenced this shift.

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Capacity Influencing IT Corruption 52

Kluwer Arbitration

APRIL 1, 2024

Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it. The event also delves into technology’s influence on arbitration, challenges in award enforcement, and the dynamics of international treaty arbitration from an African perspective.

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Kluwer Arbitration

SEPTEMBER 2, 2024

In September 2020, the president of the Respondent, Helen Zhiyung Chang (“ Chang ”), engaged the Applicant to be both the project manager and the construction manager. There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator.

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Kluwer Arbitration

SEPTEMBER 29, 2024

In the Final Award of 28 February 2020, a Swiss-seated tribunal ordered Spain to pay EUR 15.4 However, the Amsterdam Court’s considerations will influence whether Spain would be justified in not adhering to its obligations under the Final Award. million to AES and 11.1 million to AEF.

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Influencing Corruption IT Government 52

Kluwer Arbitration

JULY 12, 2024

First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. Delays often stem from the excessive and misleading presentation of documents.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

MARCH 20, 2024

of the 2020 LCIA Rules ), arbitrators were appointed by the parties in 48% of cases, thus reflecting that the parties’ agreement applies in priority. Further, appointments are more and more influenced by the utmost necessity to promote diversity, in all circumstances.

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Kluwer Arbitration

FEBRUARY 8, 2024

Uber Echoes In 2020, the Supreme Court of Canada’s judgment in Uber Technologies Inc. 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

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Influencing Logistics Corruption Contract 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

GTI-WP/2020:01, Budapest: Government Transparency Institute. This suggests that the intervention increased the level of competition in tenders that were already competitive, but it increased the share of high-corruption risk, single-bidder contracts in the very short-run. Fazekas, M. & & Tóth, B.

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Kluwer Arbitration

APRIL 22, 2024

Although it can be said that Previc supervises and has a somewhat controlling influence on Petros, it remains unclear whether the relationship between these two entities could represent a “direct economic interest” under the wording of item 1.2 Enauta Energia SA and Barra Energia do Brasil Petróleo e Gás, discussed here ).

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Kluwer Arbitration

JANUARY 26, 2024

Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020 , 2021 , and 2022 —but have also taken a slightly more restrictive than usual stance towards international arbitration. Although the CoA may have been influenced by the exceptional circumstances of the case (i.e.

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Influencing Corruption IT Accountability 52

Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. In IDS Industry Service and Plant Construction South Africa (Pty) Ltd v Industrius D.O.O.

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Import Efficiency Influencing Integrity 52

Government Contracts Legal Forum

JANUARY 5, 2024

The provision also authorizes procurement technical assistance providers to provide education to small businesses on the requirements of DFARS 252.204-7012, Safeguarding Covered Defense Information, and the requirements for mitigating risks related to foreign ownership, control, or influence of DoD contractors under section 847 of the FY 2020 NDAA.

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Government Government Export Data 40

Kluwer Arbitration

JANUARY 21, 2024

Notably, pursuant to a law that was adopted in 2020, if Russian citizens do not have equal rights to defend their cases in commercial arbitrations abroad (i.e. if they are sanctioned or if it is related to sanctions – which has been widely interpreted), Russian State Commercial Courts will declare jurisdiction over that dispute.

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Corruption Accountability Influencing Distribution 52

Whistleblower Network News

FEBRUARY 25, 2025

Tanya Ward Jordan: Challenging Corruption in the Federal Government In the late 1990s, Tanya Ward Jordan exposed deep mismanagement and civil rights violations at the Department of Commerce. This allows for better monitoring within the government workforce and challenges the influence of corruption.

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Corruption Accountability Influencing Demand 61

Kluwer Arbitration

APRIL 22, 2025

As of 20 March 2020 there were 89 arbitral institutions across 42 of the 54 African states. These include transparent and professional structures that are insulated from external influence. These developments can also be seen in the growth in the number and relevance of arbitral institutions in the region.

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Kluwer Arbitration

JANUARY 27, 2025

In a year marked in France by the Paris Olympics and political instability, 2024 proved to be somewhat less eventful in terms of arbitration-related developments than previous ones (see 2023 , 2022 , 2021 , and 2020 ). New trends and reforms are also on the horizon. This post aims to review some of this years noteworthy developments.

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Kluwer Arbitration

FEBRUARY 14, 2025

It scrutinizes a pivotal court ruling that extends the influence of arbitration clauses to non-signatory entities, stressing the necessity for precise comprehension of arbitration stipulations in construction contracts. In 2020, Seychelles acceded to the Convention.

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Participation Influencing Balance Corruption 52

Kluwer Arbitration

NOVEMBER 6, 2024

Disputes arose, resulting in the commencement of two ICC arbitrations in December 2020, the “Offshore Arbitration” and the “Onshore Arbitration.” 68 Arbitration Act 1996 (the “ Arbitration Act “). The Contracts explicitly allowed for consolidation of proceedings.

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Finance Insurance Influencing Corruption 52

Kluwer Arbitration

DECEMBER 10, 2024

The reasons for this are largely historical: many Latin American legal systems are modeled on, or have been deeply influenced by, the French Civil Code. Paris has been a more popular international choice of seat, especially for arbitrations involving a Latin American party and a foreign party.

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Thresholds Demand Influencing Contract 59

Kluwer Arbitration

JANUARY 23, 2025

Guangdong Faanlong (2020), noting that PRC courts were likely shifting towards the seat standard in determining an awards nationality and as a result, assuming the supervisory role over China-seated arbitrations administered by foreign arbitration institutions. Our Blog reviewed the Chinese judicial practice after Brentwood v.

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Ethics Influencing Innovation Efficiency 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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Efficiency Participation Quality Corruption 52

Kluwer Arbitration

DECEMBER 8, 2024

26(6) 2020 LCIA Rules , Art. However, given that it expressly acknowledges the influence of Article 31(1) Model Law, one might have hoped for at least an attempt to identify other jurisdictions views on the rationale behind this provision and its corresponding national laws. 34(4) 2021 UNCITRAL Rules , Art. 33(2) 2021 ICDR Rules , Art.

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Influencing Electronics Corruption Transparency 52

Kluwer Arbitration

JANUARY 20, 2025

Dispute Prevention and Mitigation This topic, preliminarily considered in 2020 , progressed significantly in 2024. The outcomes of 2024s deliberations are poised to influence ISDS reform efforts in 2025 and beyond. In 2024, Working Group III considered the draft guidelines on prevention and mitigation at its 47th session. 9/1194, para.

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FedInsider

JUNE 5, 2024

Thursday, September 26, 2024 | 1:00PM EDT | 2 Hours | 1 CPE The 2020 election and its aftermath provided a vivid demonstration of many of the risks faced by election officials across the country – and new dangers have emerged in 2024. Mark Warner (D-Va.), Election Assistance Program (EAP) also offers a range of election security resources.

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