Kluwer Arbitration

OCTOBER 27, 2023

6 [2021]) and by the Court of Appeal of Guimarães ( Proc. They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. 6 [2021]) and by the Court of Appeal of Guimarães ( Proc. General Company for Ports of Iraq (2019) and Gasum v. 19222/20.1T8LSB.L1-6 19222/20.1T8LSB.L1-6

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Kluwer Arbitration

AUGUST 10, 2024

Given the evolution of arbitral practice during this time, the UK Government in 2021 asked the Law Commission to consider potential amendments to the Act to ensure that it continues to be ‘state of the art’. The Law Commission concluded that wholesale reform of the Arbitration Act was not necessary or desirable in order to achieve that aim.

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Kluwer Arbitration

MARCH 31, 2024

71,508-2022; CS of January 16, 2023, Rol 3,545-2022; CS of July 29, 2021, Rol 104,262-2020). According to the Seller, the subject matter of the dispute was the restitution of the unpaid balance, a claim under the “ Termination and Cancellation Notice ” agreement of June 29, 2020, which does not contain an arbitration agreement.

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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 ).

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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

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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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.

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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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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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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.

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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.

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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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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.

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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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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.

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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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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.

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Kluwer Arbitration

DECEMBER 5, 2024

Following unfruitful attempts at amicable settlement, DJO commenced an ICC arbitration seated in Singapore on 16 December 2021 (the Singapore Arbitration). Enforcing ethical standards in arbitration requires striking a balance between accountability and confidentiality.

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Kluwer Arbitration

MARCH 22, 2025

The ruling reflects a key principle of legal proceedings: the importance of maintaining a balance between ensuring justice and transparency in legal disputes while also safeguarding sensitive government information. Chevron Australia Pty Ltd v. LLC BryanskAgrostroy v. HongKong Henson Industrial Limited v.

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Kluwer Arbitration

JANUARY 5, 2025

Jurisdictions such as Hong Kong have adopted these articles of the Model Law, while similar provisions (including in an emergency context) are also found in the Swiss Rules of International Arbitration 2021 and in the Dubai International Arbitration Centre Arbitration Rules 2022. However, Gary Born, at 17.02[G][10]

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Kluwer Arbitration

MARCH 2, 2025

In a decision issued on 12 July 2021 (Case 19/11413 ), the Paris Court dismissed the appeal and the time-bar defense, which is an issue of admissibility under French law. This example illustrates that there is room for more flexibility, while creating a more balanced bargain between the parties. 23/01696 ) (see also here ).

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Kluwer Arbitration

MARCH 25, 2025

The Lahore High Courts recent judgment in SpaceCom International, LLC v Wateen Telecom Ltd 2024 LHC 5494 (SpaceCom) is a landmark pronouncement that seeks to establish a balanced and principled interpretation of the New York Convention (the Convention).

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Balance Efficiency IT Media 52

Kluwer Arbitration

JANUARY 23, 2025

Peoples Republic of China The draft amendment to the PRC Arbitration Law (2024 Draft) was released on November 8, 2024more than three years after the publication of the 2021 draft amendment (2021 Draft)marking a long-awaited development in the reform of the PRC Arbitration Law.

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Kluwer Arbitration

DECEMBER 4, 2024

The Arbitration In April 2021, Greenfield initiated arbitration under the LCIA Rules against CFE and CFE Generación II EPS (“Respondents”). Greenfield appointed David Arias as co-arbitrator, and Respondents appointed Oscar Vázquez del Mercado Cordero in May 2021. We now await the Respondents’ answer in the U.S.

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Kluwer Arbitration

FEBRUARY 18, 2025

This post first examines the gender balance and emerging arbitration hubs in Africa (Section 1). This development closely follows Malawis accession to the New York Convention in 2021 and aligns with the countrys demonstrated intention to ensure the establishment of a seat for international commercial arbitration in Malawi.

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Kluwer Arbitration

FEBRUARY 14, 2025

This cumulative approach aligns with parties expectations and balances interests across jurisdictions, promoting consistency in outcomes. The article also recommends establishing a presumption of arbitrability for corporate disputes. This would promote the use of arbitration while recognizing the rights of non-parties.

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Kluwer Arbitration

NOVEMBER 28, 2024

Citing the Supreme Court Yukos judgment of 2021 (para. The Court further held that a balancing of the interests did not lead to a different result. First, the Court recalled (para. Conclusion This judgment reinforces the strong pro-arbitration stance of the Dutch courts, even when public policy allegations are raised.

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Kluwer Arbitration

FEBRUARY 5, 2025

Hirose assumed her current position in February 2024, after having served as a Deputy Secretary General since 2021. I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. We invited the Acting Secretary-General of the Energy Charter Secretariat (Secretariat), Ms. How has your experience been so far?

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Kluwer Arbitration

DECEMBER 23, 2024

Hakeem (2021), the SC has bolstered this interpretation by drawing a comparison with Sections 15 and 16 of the erstwhile Indian Arbitration Act, 1940 , which specifically empowered courts to vary the content of an arbitral award. State of Kerala (2021). In subsequent decisions like Project Director, National Highways No.

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Kluwer Arbitration

FEBRUARY 8, 2025

De Luca also explored whether the EUs 2021 proposal to carve out fossil fuel investments from protection under the ECT contributed to the breakdown of the modernisation process within the EU.

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Sustainability Contract Balance IT 52

Kluwer Arbitration

FEBRUARY 14, 2025

On the heels of the Amazon ruling in 2021 (covered here ), the Draft Bill also gives statutory recognition to and aims to facilitate emergency arbitrations (seated in India). This is an important acknowledgement that India’s Model BIT 2016 did not strike the right balance between the rights of states and investors.

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Kluwer Arbitration

FEBRUARY 14, 2025

On the heels of the Amazon ruling in 2021 (covered here ), the Draft Bill also gives statutory recognition to and aims to facilitate emergency arbitrations (seated in India). This is an important acknowledgement that India’s Model BIT 2016 did not strike the right balance between the rights of states and investors.

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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. In 2021, you launched the SCC Express. Thereafter, I headed the Swedish Company Lawyers Association for a number of years.

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