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

Contract 52

Contract Balance Negotiation Insurance 52

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.

Balance 52

Balance Evaluation Import Utilities 52

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.

Balance 52

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.).

Balance 52

Balance Quantity Corruption IT 52

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

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.

Thresholds 52

Thresholds Balance IT Corruption 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

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.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

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

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.

Insurance 52

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

MARCH 2, 2024

Successful challenges on this basis are rare: the English Commercial Court data recorded that in 2020-2021, only one out of 26 applications succeeded – a success rate of 4%. The Section 68 Challenge Section 68 is one of only a handful of narrow grounds on which arbitral awards can be set aside (or remitted to the tribunal) under English law.

Corruption 52

Corruption Ethics Transparency Import 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

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.

Balance 52

Balance Corruption Quality Efficiency 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.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

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

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.

Accountability 52

Accountability Balance Import Tender 52

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.

Contract 52

Contract Negotiation Transportation Transportation 52

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.

Participation 52

Participation Balance Import Thresholds 52

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.

Engineering 52

Engineering IT Balance Import 52