Kluwer Arbitration

MAY 23, 2024

KS&T was a market participant in OCTP with tracking accounts for emission allowances in Ontario and California. 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.

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

APRIL 21, 2024

This call to action was followed by additional posts in early 2020, including 1999 called and wants its Procedural Order back and We have Flight Pride when we should have Flight Shame , which provide insight into Lucy’s concerns about the way the arbitration community appeared unconcerned about the environment at this time.

Sustainability 59

Sustainability Participation Corruption Efficiency 59

Kluwer Arbitration

JUNE 9, 2024

The case was a straightforward application of the relevant legal test under section 24(1) of the EAA, set out in the Supreme Court judgement Halliburton v Chubb [2020] UKSC 48 ( see previous coverage here ) nuanced by the particular facts of a non-lawyer arbitrator. The law in relation to apparent bias is well settled.

Insurance 104

Insurance Influencing Import Balance 104

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.

Participation 52

Participation Corruption IT Import 52

Kluwer Arbitration

DECEMBER 12, 2024

One of its goals is to increase womens participation in the workforce from 22% to 30% by 2030. 1) The World Bank reports progress in this field too, albeit at a different rate: in 2016, the participation of women in the workforce was 16.1% The SCCA appointed its first female mediator in 2020.

IT 52

IT Participation Data Corruption 52

Kluwer Arbitration

NOVEMBER 22, 2023

Levy mentioned an example of a case where an English judge, on the claimant’s application, appointed the entire arbitral tribunal after quashing the claimant’s appointment, in favor of equality between claimant and the non-participating respondent. Views are those of the author only and are not intended to reflect those of ICC.

Corruption 52

Corruption Participation Import IT 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The resolution professional admitted the claim at a notional value of INR 1 (approximately USD 0.012) to ensure Indian Oil’s participation in the insolvency process. Arcelor Mittal denied liability and refused to participate in arbitration. Indian Oil filed a claim of approximately USD 450 million.

Participation 52

Participation Negotiation Import Corruption 52

Open Contracting Partnership

FEBRUARY 1, 2024

In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. Together with the global community, we were able to close out 2023 with a big advocacy win, with the UN’s first ever resolution on public procurement passed in December.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

FEBRUARY 3, 2024

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. 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.

Buyers 98

Buyers Contract Purchasing Price 98

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.

Participation 59

Participation Efficiency Balance Corruption 59

Kluwer Arbitration

AUGUST 8, 2024

Both court applications were listed to be heard together and came before the court on 22 January 2020. Frustrated by the over two-year delay from the Order staying court proceedings, the Claimant issued a Motion to the Irish High Court in February 2022 to have the stay lifted pursuant to the agreed Order made on 22 January 2020.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

FEBRUARY 8, 2024

CGX Energy Inc. ), including because the arbitration clause provided for a summary procedure of only two days and did not permit the participation of third parties or a party was not permitted to depose witnesses ( Costco ) or because the arbitrator ignored or failed to consider or admit certain evidence ( EDE Capital Inc.

Consulting 52

Consulting Participation Corruption IT 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. By the end of 2024, all participating national publication portals would be connected, historic data published at EU level integrated and the analytics toolkit expanded.

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

FEBRUARY 16, 2024

However, the father and his sons were involved in the implementation of the loans as they participated in the decisions on the investments to be made with the funds in question, personally benefited from part of these funds and actively participated in the discussions on the repayment of the loans in the context of the French tax procedure.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

DECEMBER 14, 2023

In 2018, I joined the Board of Directors of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and in December 2020, I was appointed as Chairman of the LACIAC Board of Directors. The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana.

Capacity 52

Capacity Collaboration Networking Strategic Planning 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 ).

Supply Chain 52

Supply Chain Corruption Transparency Influencing 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. On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. European Commission.

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

OCTOBER 1, 2024

This trend is rooted in legislative amendments to the Russian Arbitrazh (Commercial) Procedure Code (“APC”) enacted in 2020, which empower Russian entities subject to sanctions to seek adjudication from Russian Arbitrazh Courts in certain circumstances, even if the dispute falls within the scope of an arbitration agreement.

Utilities 52

Utilities Thresholds Integration Integrity 52

Kluwer Arbitration

JANUARY 17, 2024

The High Court relied and emphasized on the decisions of the Court of Appeal in Metalform Asia Pte Ltd v Holland Leedon Pte Ltd [2007] 2 SLR(R) 268, AnAn Group (Singapore) Pte Ltd v VTB Bank [2020] 1 SLR 1158 and BWG v. BWF [2020] 1 SLR 1296. The legal position as held by the Court of Appeal in Salford Estates (No. 2) Limited v.

Thresholds 52

Thresholds Bidding Demand Distribution 52

Kluwer Arbitration

DECEMBER 11, 2023

On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Meijer revealed the launch of the new NAI website.

Ethics 52

Ethics Buyers Participation Efficiency 52

Kluwer Arbitration

OCTOBER 16, 2024

The panel observed that the International Bar Association Rules on the Taking of Evidence in International Arbitration 2020 (“IBA Rules”) limit requests to produce documents to those ‘relevant to the case and material to its outcome’ (IBA Rules, Art 3(3)(b)). What Ethical Considerations Arise?

Ethics 52

Ethics Thresholds Corruption Consulting 52

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

FEBRUARY 23, 2024

The way around this technicality is by virtue of the Notification of 17 January 2020 (“ Notification ”) issued by the government of India declaring the UAE as a reciprocating territory for the purposes of Section 44A of Code of Civil procedure (“ CPC ”). Therefore, at present, UAE seated awards cannot be enforced in India directly.

Framework Agreement 52

Framework Agreement Collaboration Corruption Sustainability 52

Kluwer Arbitration

FEBRUARY 1, 2024

The defendant refused to participate in arbitration in Iran due to the dangerous conditions in that country. 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

Contract 59

Contract Insurance IT Government 59

Kluwer Arbitration

OCTOBER 25, 2023

Several participants voiced concerns about the length of the arbitration process and sought advice on streamlining proceedings without compromising on fairness and thoroughness. The floor was frequently opened to the audience, resulting in a flurry of comments, insights, and follow-up questions that turned the sessions into dynamic dialogues.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

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 ).

Efficiency 52

Efficiency Negotiation Buyers Price 52

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.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

JANUARY 8, 2024

1.905.505-SP , the STJ ruled not only on the possibility of participation by a regulatory agency in arbitration proceedings between a concessionary and the relevant state entity, but also on the limits of extending the effects of an arbitral award over a non-participating third party (reported here ).

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

FEBRUARY 2, 2024

The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. In May 2020 Dr. Stampa made a preliminary award accepting jurisdiction. Dr. Stampa determined a Spanish seat. He has not represented Malaysia in any of the proceedings.

IT 52

IT Capacity Government Government 52

Kluwer Arbitration

SEPTEMBER 27, 2023

There was significant improvement in arbitrator appointments for women over the last decade from 14% of total appointments to 27% in 2019, 38% in 2020, and 40% in 2021. Another focus of the ACICA is the greater participation of women as speakers in conferences. Further details of the initiative can be found here.

Import 40

Import Balance Corruption IT 40

Government Contracts Legal Forum

JANUARY 5, 2024

Notably, from FY 2018-2022 GAO found “numerous examples of defense-related M&A that potentially presented risks” to DoD but for which DoD did not participate in antitrust review, in many cases because it appears that the FTC and DOJ may not have reached out to DoD for input and DoD was otherwise unaware of the transaction.

Government 40

Government Government Export Data 40

University of Bristol

AUGUST 23, 2021

NHS commissioning takes place in a largely in-house environment where NHS buyers commission services primarily from NHS suppliers, but also with mixed private participation by both for-profit and third sector providers.

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

OCTOBER 11, 2024

There is no breach of the principle of the equity of the parties if an Arbitrator participated in another arbitration with the same parties and a similar case file. In principle, this would be the defeated party to the arbitration, or the successful party who has a legal interest in seeking its annulment (Supreme Court Decision No.

Insurance 52

Insurance Participation Contract 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

FEBRUARY 25, 2025

Can a party refuse to participate in an arbitration, and thereafter challenge the arbitral award on the ground that the arbitrator failed to consider a point which was not put in issue? A sole arbitrator (the Arbitrator) was appointed in October 2020. The HC dismissed the application. infra petita ).

Participation 52

Participation Corruption IT Purchasing 52

Kluwer Arbitration

FEBRUARY 14, 2025

Modern arbitration practices allow non-parties to engage meaningfully through mechanisms like joinder and consolidation, addressing most concerns about the impact on non-participating parties. In 2020, Seychelles acceded to the Convention. However, this was not accompanied by repealing Articles 146150 of the Commercial Code.

Participation 52

Participation Influencing Balance Corruption 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 spend time arranging, speaking at, moderating and participating in international events. Why is the duration of such importance?

Efficiency 52

Efficiency Participation Quality Corruption 52