Kluwer Arbitration

APRIL 22, 2024

57/2019, which expressly prohibits AGU’s attorneys to undertake private engagements related to alternative dispute resolution, e.g. , arbitration, mediation, conciliation, and negotiation. 14.472, Justice Paulo de Tarso Sanseverino, 16 August 2021 ). In addition, given the involvement of a government attorney in this case, Laws n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

MARCH 9, 2024

This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.

Ethics 52

Ethics Corruption Finance Negotiation 52

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). After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. Natura Furniture , 2021), Belgium ( SNF v. In 2017, CAI granted a license to GBO to use CAI’s trademarks, such as Disney, for the purpose of distributing CAI’s branded shoes in Germany, Austria, and Switzerland.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JULY 7, 2024

According to its 2021, 2022, and 2023 Annual Reports , ICSID has delivered well over a hundred courses and presentations each year: these include the well-known “ICSID 101”, featuring an introduction to ICSID and general stages of an ICSID arbitration case.

Education 52

Education Efficiency Integration Integrity 52

Kluwer Arbitration

JULY 17, 2024

Serious Irregularity The leading authority on Section 68 challenges is RAV Bahamas Ltd and another v Therapy Beach Club Inc [2021] UKPC 8 , which prescribes that intervention should be limited to ‘extreme’ cases and that the test of serious irregularity imposes a ‘high threshold’.

Thresholds 98

Thresholds Import Contract IT 98

Kluwer Arbitration

OCTOBER 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

Insurance 52

Insurance Participation Contract IT 52

Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. 19222/20.1T8LSB.L1-6 Gazprom (2022).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

NOVEMBER 17, 2023

However, taking a step back, if the award merely required the respondent to compensate the claimant with bitcoins or allowed the value of the bitcoins to be determined through parties’ negotiation instead of by reference to the price from a third-party website, would such award be enforceable? As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

JUNE 15, 2024

Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. Other agreements – including those with Estonia, Hungary, Latvia, Malta, Romania, Slovakia, and Poland – were terminated more recently, mostly in 2021 and partly by consent.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

APRIL 11, 2024

According to the Queen Mary University of London International Arbitration Survey 2021 (the “QMUL Survey”), Singapore for the first time is ranked first alongside London as the most-preferred arbitration seat. Hong Kong is third.

Innovation 52

Innovation Influencing Logistics Negotiation 52

Kluwer Arbitration

FEBRUARY 8, 2024

recalled another test, which it had established in 2021 in Vento and which is applicable when the award is challenged on procedural fairness grounds ( Xiamen , para. Reading this case one might wonder: how appropriate is it to burden a party with verifying that the opposing counsel is the truly authorized representative? LinkGlobal Food Inc.

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

DECEMBER 26, 2023

Even though I was resoundingly vindicated by the Malaysian High and Federal Courts in a process that ended in April 2021, AIAC and I now face the challenge of making up for AIAC’S loss of high value and international cases over the past few years. The 2023 Rules are crafted to be in close alignment with the UNCITRAL Arbitration Rules.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

MAY 4, 2024

The DIS-TPNR are the work product of a DIS working group which was established in 2021. At this point in time, the parties are usually more lenient to making concessions in a give-and-take negotiation process. The authors of this post have had a leading role in this project. 2 (2024), which is also included on Kluwer Arbitration.

Participation 52

Participation Contract Buyers Negotiation 52

Kluwer Arbitration

DECEMBER 31, 2023

It stipulates that a failure to negotiate or mediate as required by the arbitration agreement shall not affect CIETAC’s acceptance of the arbitration case unless the law applicable to the arbitral proceedings or the arbitration agreement expressly requires otherwise. Another novel addition to the 2024 Rules is Article 12.2,

Efficiency 52

Efficiency Consulting Contract Innovation 52

Kluwer Arbitration

MARCH 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 Article 8 stops short of providing a basis for any liability or compensation.

Capacity 52

Capacity Import Finance Negotiation 52

Kluwer Arbitration

FEBRUARY 16, 2024

The agreements were not drafted, negotiated, or signed by the father or his sons. ’s request, the Ecuadorian court ruled on 4 February 2021 that the block should be removed, and a new birth certificate issued for A. The SFSC found that the sole arbitrator rightly affirmed his jurisdiction. s birth certificate since 2015.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

NOVEMBER 14, 2023

Citing the 2021 White & Case International Arbitration Survey , Sherwin emphasized that 70% of North American international arbitration users prefer the ICC as their arbitral institution, and those based in the U.S. constitute the largest group of ICC users.

Transparency 40

Transparency Import Data Efficiency 40

Kluwer Arbitration

OCTOBER 16, 2023

HKIAC launched HKIAC Case Connect , an online case management platform in October 2021. 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

Efficiency 52

Efficiency Innovation IT Negotiation 52

Kluwer Arbitration

MARCH 25, 2024

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. While some provisions address investor concerns, the mandatory negotiation period and the resolution council may add layers of complexities.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

SEPTEMBER 25, 2023

Timor-Leste has since turned its attention towards finalising its land and boundaries with Indonesia and is engaged in ongoing bilateral negotiations to this end [fn]Maritime Boundary Office, Timor-Leste’s Maritime Boundaries with Indonesia , [link]. ↑ 5 The official document is in Portuguese.

Negotiation 40

Negotiation Corruption Participation IT 40

Kluwer Arbitration

NOVEMBER 4, 2023

The total sum in dispute with Philippine parties in 2021 was USD 1.9 Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. Lim also highlighted that some of the largest Philippine companies have been entrusting high-value disputes to SIAC.

Purchasing 52

Purchasing Participation Efficiency Influencing 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 104

Public Procurement Procurement Buyers Tender 104