Kluwer Arbitration

JULY 2, 2024

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. decision 4A_306/2019 of 25 March 2020, para. This includes preliminary questions of substance affecting the decision on jurisdiction (cf. decision 4A_398/2021 of 20 May 2022, para.

Thresholds 52

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Kluwer Arbitration

SEPTEMBER 19, 2024

A Geneva-seated tribunal chaired by Laurent Aynès and including co-arbitrator Charles Poncet issued an interim award in 2020, holding that Crescent had validly terminated the supply contract (the “Interim Award”). Still in 2020, the Court declared an application to set aside the Interim Award inadmissible.

Corruption 52

Corruption Thresholds Sustainability 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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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. The Indian Supreme Court (“ Supreme Court ”) in Government of India v. Prysmian Cavi E.

Thresholds 52

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Kluwer Arbitration

MARCH 24, 2024

Between 2020 and 2022, the Spanish Constitutional Court (“SCC”) rendered several decisions on the issue of public policy that have reversed this annulment trend adopted by the TSJM. On 15 June 2020, the SCC issued the first of its decisions ( STC 46/2020 ) concerning the issue. Much has changed since then, however.

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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. 2024: SPC’s promotion of Daesung Industrial Gases Co.,

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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

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

Curbing Corruption in Government Contracting

JANUARY 21, 2020

GTI-WP/2020:01, Budapest: Government Transparency Institute. For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. Fazekas, M. & & Tóth, B.

Bidder 40

Bidder Transparency Contract Public Procurement 40

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)). Parties should not lose sight of this essential function.

Ethics 52

Ethics Thresholds Corruption Consulting 52

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. Huawei also notified the UK of a dispute under the China-UK BIT following a similar ban. The dispute notice has not been withdrawn, and the status of the dispute is unknown.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

JULY 12, 2024

Vesel addressed the issue of illegally-obtained evidence, referring to the 2020 update to the IBA Rules on the Taking of Evidence that allows arbitral tribunals to exclude such evidence. Two recent cases on state immunity from the Swedish Supreme Court both uphold a high threshold in respect of enforcement immunity ( Sedelmayer v.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

FEBRUARY 6, 2024

Additionally, while applications relating to the propriety of proceedings at the threshold may seem to involve the court’s powers, they do not, in certain contexts, contradict a jurisdictional challenge. Heller (2020) SCC 16 (“ Uber ”). For example, a striking-out application, as demonstrated in Maniach Pte Ltd v.

Purchasing 59

Purchasing Thresholds Corruption IT 59

Kluwer Arbitration

FEBRUARY 10, 2024

According to UNCTAD , in 2020, a violation of FET was alleged in “over 80 percent of known ISDS cases”, and “in cases decided in favor of the investor, breaches of the FET provision were the most commonly found violation”. Such framing sets a higher threshold for establishing a violation of FET.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

MARCH 29, 2024

Article 54 was said by Spain not to come close to meeting that threshold, because it was not framed as a waiver or submission by Spain to the jurisdiction of any domestic court bar its own. 3) [2000] 1 AC 147. 593 was not satisfied). The resolution of this ambiguity across these two leading first-instance decisions is eagerly anticipated.

Thresholds 52

Thresholds IT Corruption Contract 52

Kluwer Arbitration

OCTOBER 25, 2023

Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law. Another key point made by Farah was the possibility of the arbitral tribunal making interim reliefs contingent upon the provision of adequate security by the requesting party.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Government Contracts Legal Forum

JANUARY 5, 2024

This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. Section 862 amends the Small Business Act, specifically 15 U.S.C.

Government 40

Government Government Export Data 40

Kluwer Arbitration

JANUARY 16, 2024

38/2020, 12 May 2020 José A. Moreno Rodríguez, Altra Legal, ITA Reporter for Paraguay On May 12, 2020, an Asunción Appeals Court declared the inadmissibility of an annulment challenge as the Applicant failed to submit the challenge within the available legal timetable contemplated in Art. A high threshold is applicable to s.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

DECEMBER 11, 2024

In 2020, the Tribunal issued the first partial award on the parameters from which the final valuation should be ascertained. Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. The Claimant unsuccessfully sought to set aside this award.

Balance 52

Balance Thresholds Purchasing Corruption 52

Kluwer Arbitration

DECEMBER 10, 2024

Under common law, arbitrators are under a continuing duty to disclose any circumstances which might reasonably give rise to justifiable doubts as to their impartiality, as clarified in Halliburton v Chubb [2020] UKSC 48 (see here ).

Thresholds 59

Thresholds Demand Influencing Contract 59

Kluwer Arbitration

DECEMBER 5, 2024

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. To be clear, the authors take no firm view on whether the arbitrators conduct in DJO reaches this threshold of severe conduct warranting the disclosure of his name.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

MARCH 17, 2025

of the LCIA Rules 2020 ( LCIA Rules )). By agreeing to have the arbitration administered pursuant to the LCIA Rules, the parties therefore agree that the tribunal, after giving the parties a reasonable opportunity to state their views, will have the power to make an Early Determination subject to satisfying the relevant threshold tests.

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Efficiency Balance Thresholds Import 59

Kluwer Arbitration

MARCH 7, 2025

The Singapore High Court, presided by Justice Mohan, dismissed the application, reiterating the high threshold for judicial intervention in arbitration. The courts analysis clarifies the principles governing arbitral independence, procedural propriety, and the threshold for setting aside awards in Singapore.

E-procurement 52

E-procurement Thresholds Import Distribution 52

Kluwer Arbitration

JANUARY 20, 2025

Dispute Prevention and Mitigation This topic, preliminarily considered in 2020 , progressed significantly in 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

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

NOVEMBER 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 Conclusions The rulings of the BVG hardly come as a surprise.

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