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

SEPTEMBER 26, 2024

The aim should be to promptly crystallise their claim and actively participate in the insolvency process through negotiations with the resolution professional and coordination with other creditors, to ensure that their claim is recorded in the resolution plan itself.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

SEPTEMBER 28, 2023

The FICC then carefully examined the parties’ negotiation history, particularly as it relates to the arbitration clause. The parties then engaged in further negotiations regarding other clauses in the contract, but the arbitration clause remained unchanged. The FICC first affirmed its jurisdiction to review this issue.

Negotiation 40

Negotiation Contract Transportation Transportation 40

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. 2020-14, Final Award, Dec. Paraguay (the “ State ” or “ MOPC ”) 1) Mota-Engil Ingeniería y Construcción S.A. Sucursal Paraguay v.

Contract 52

Contract Import Negotiation IT 52

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

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

JULY 15, 2024

The Court of Appeal had previously upheld a final decision by the Tehran Civil Court, in which the Tehran Civil Court had annulled a PCA arbitration award dated September 30, 2020 and issued in favor of Jam Petrochemical Company. This award ordered Mehr Petrochemical to pay a sizeable compensation of approximately USD 872.3

Import 52

Import Negotiation Contract Corruption 52

Kluwer Arbitration

MARCH 20, 2024

One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.

Import 52

Import Efficiency Negotiation Tender 52

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. An EU-style investment court or key features can be a useful discussion point for Australia and its counterparties to IIAs.

Transparency 52

Transparency Integration Integrity Government 52

Kluwer Arbitration

AUGUST 7, 2024

0555-2020-CCL, 23 June 2021 Marianella Ventura Silva, Centro de Arbitraje, CCL, ITA Reporter for the CCL Peruvian Law provides for different time periods for starting arbitration depending on the nature of the claim. Industrias Triveca S.A.C. Empresa Municipal de Saneamiento Basico Puno (EMSA Puno) (Award), CCL Case No.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

FEBRUARY 13, 2024

The ECT Modernization Melt-Down The ECT modernization process developed from 2020 until June 2022 (for a summary of the process since 2017, see here ) and finalized with an Agreement in Principle agreed by all the ECT Contracting Parties. Otherwise, it cannot be applied. Modernization or Destabilization?

Negotiation 59

Negotiation Corruption IT Integration 59

Kluwer Arbitration

JULY 30, 2024

Uber : in February 2020, Uber submitted a notice of dispute to Colombia pursuant to the US-Colombia Free Trade Agreement, following an effective ban of the Uber app. a negotiation period, time limitations, or excluded disputes). Huawei also notified the UK of a dispute under the China-UK BIT following a similar ban.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

FEBRUARY 8, 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 Additional 2023 year in review posts are available here.

Consulting 52

Consulting Participation Corruption Negotiation 52

Kluwer Arbitration

APRIL 9, 2024

The CJEU agreed with the 16 December 2020 judgment of the General Court of the EU (“GCEU”), and with the European Commission in CASE AT. In negotiating with the Commission the ISU should be anxious only to satisfy the former, not the latter. European Commission. This is unmistakably seen in para.

IT 59

IT Management Participation Negotiation 59

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.

Government 52

Government Government Capacity Influencing 52

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.

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

FEBRUARY 7, 2024

In the 2020 Queen Mary Survey on Investment Arbitration , 81% of survey respondents expressed positive views of contract-based arbitration, and 72% expressed positive views of treaty-based arbitration to resolve investment disputes with states.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

OCTOBER 16, 2023

HKIAC Case Statistics demonstrate that since 2020, parties have made disclosures of third-party funding in 81 arbitrations administered by HKIAC under the 2018 Rules and 2 arbitrations administered by HKIAC under the UNCITRAL Arbitration Rules. 609) (the “Ordinance”) and confirms the pro-arbitration tendencies of the Hong Kong judiciary.

Efficiency 52

Efficiency Negotiation Innovation IT 52

Kluwer Arbitration

MARCH 20, 2024

Citing two recent surveys on State compliance with adverse arbitral awards, Mr Laborde recalled that situations of non-compliance are rather common, with non-compliance rates oscillating between 50% (for most-sued States, see Gaillard/ Penushliski 2020 study ) and 66% (for least-sued States, see Academic Forum Working Group Paper on ISDS survey ).

Negotiation 52

Negotiation IT Corruption Quality 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

Insurance 52

Insurance Participation Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 18, 2025

Gender Balance and Emerging Arbitration Hubs The 2024 edition of the biennial SOAS Arbitration in Africa Survey (Survey), like the previous editions in 2018 , 2020 and 2022 , provides empirical insight into the growth and particularities of arbitration in Africa. Significant Arbitration Cases a. Sunrise Power, seeking damages of USD 2.3

Collaboration 52

Collaboration Data Balance Negotiation 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.

Efficiency 52

Efficiency Participation Quality Corruption 52

Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. In 2020, the Respondents sought an adjustment of the Contract on account of additional labour costs arising from the Indian Ministry of Labours increase in minimum wages. DJO rejected the claim for adjustment.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

JANUARY 20, 2025

the first KAB post on ISDS reform in the year, explored the feasibility of negotiating a multilateral investment treaty in todays global landscape, exploring both the opportunities and challenges involved. Dispute Prevention and Mitigation This topic, preliminarily considered in 2020 , progressed significantly in 2024. 9/WG.III/WP.246),

Balance 52

Balance Finance Capacity Budget 52