Kluwer Arbitration

MARCH 17, 2024

In 2021, DT sought to enforce its award in Germany, Singapore, and the US ( i.e. , the District of Columbia and New York). In balancing the interests of the award creditor (DT) against those of the award debtor (India), the Berlin Court considered the low likelihood of India succeeding in the Second Swiss Proceedings (p. million to DT.

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Balance Corruption IT 52

Kluwer Arbitration

MAY 12, 2024

Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).

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Kluwer Arbitration

AUGUST 25, 2024

Commentary This is not the first time the English Courts published a judgment on an arbitration claim (an earlier example is Manchester City Football Club v Football Association Premier League [2021] EWCA Civ 1110 ). Arbitration awards also often come into the public domain in the context of enforcement proceedings in England and abroad.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

NOVEMBER 9, 2023

To strike an appropriate balance, SIAC, for its part, has adopted a noteworthy approach – according to one of its practice notes , “the parties are not to bear any fees for the use of an administrative secretary where the amount in dispute is under S$15,000,000” (para.

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Balance Corruption Quality Efficiency 52

Kluwer Arbitration

AUGUST 28, 2024

This approach arguably struck a sensible balance between party autonomy and due process considerations. The International Chamber of Commerce (“ICC”) includes emergency arbitration proceedings in Article 29 of its 2021 Arbitration Rules.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

APRIL 29, 2024

According to a 2021 study , since the 2015 Dutch court decision (upheld on appeal) in Urgenda v. In 2021, in Milieudefensie v. As such, the decision may embolden claimants elsewhere to bring similar human rights-based claims seeking action on climate change. The same could soon be said of investment tribunals.

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Thresholds Balance IT Corruption 52

Kluwer Arbitration

DECEMBER 14, 2023

In 2021, LACIAC commenced a dialogue with African arbitral centres, which was referred to as African Arbitral Centres’ Collaboration Roundtable Discussions (ACCORD). The Adjudication Rules were a vital part of the Centre’s 2021 “ROAD” Map. The acronym “ROAD” stands for Rules, Online Dispute Resolution, Africa Vision and Diversity.

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Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

JULY 26, 2024

The tribunal in turn issued an Interim Supplemental Award in December 2021 and a Final Supplemental Award in March 2022 (together the ‘Supplemental Awards’). District Court for the Southern District of New York (‘S.D.N.Y’ Ecopetrol then filed an amended petition requesting that the S.D.N.Y.

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Insurance Thresholds Media Contract 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. Within the ACICA, the executive team reached gender parity for the first time in 2021. Further details of the initiative can be found here.

Import 40

Import Balance IT Corruption 40

Kluwer Arbitration

NOVEMBER 10, 2023

First Intermediate People’s Court of Shanghai, (2021) Shanghai 74 Xie Wai Recognition No. 703, 708 (2021) (‘Philipp’). SRT Capital SPC LLC v. Shanghai Zhongxin Electronic Development Co., 3, 30 December 2022 Arthur X. Magpower Soluções de Energia, S.A. and Magp Inovação, S.A., Republic of Germany v. Philipp, 141 S.

Contract 52

Contract Balance Media Electronics 52

Kluwer Arbitration

DECEMBER 16, 2023

As discussed below a recurring theme was the need to find a balance between having model clauses that were, on the one hand, innovative and likely to lead to faster and more efficient resolution of disputes in practice, while, on the other hand, containing sufficient quality and due process safeguards.

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Balance Innovation Consulting Efficiency 52

Kluwer Arbitration

FEBRUARY 29, 2024

Such a requirement has, for example, also been included as part of the revision of the ICC Rules, the VIAC Rules and the Delos Rules in 2021, as well as the AIAC Arbitration Rules in 2023. Hoebeke, The Future of International Arbitration, 6 October 2021 ). Wanders, The Envisaged 2022 NAI Arbitration Rules, 9 November 2021 ).

Efficiency 52

Efficiency Sustainability Quality Management 52

Kluwer Arbitration

JANUARY 14, 2024

Similar to the 2011 Rules, the 2024 Rules continue to be loosely based on the UNCITRAL Arbitration Rules , as revised in 2010 (amended in 2013 and 2021), which leaving a wide room for party autonomy. Annex 3 is based on the UNCITRAL Expedited Arbitration Rules (2021) with some modifications reflecting CRCICA’s institutional perspective.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

NOVEMBER 4, 2023

The total sum in dispute with Philippine parties in 2021 was USD 1.9 Yu addressed recent innovations and proposed changes in ISDS arbitration to restore the public nature and enhance the effectiveness of the ISDS mechanism while considering a more fair and balanced procedural framework. billion and USD 1.7 billion in 2018.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

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