2021 Corruption Negotiation 
Kluwer Arbitration
OCTOBER 17, 2024
This would encourage the companies’ management to manoeuvre settlement negotiations with more confidence once the arbitration has commenced. These statistics follow the 2021 amendments to the ICC Rules in Appendix IV on case management techniques, empowering the arbitral tribunal to encourage the parties to consider settlement.
Kluwer Arbitration
FEBRUARY 25, 2024
These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.
Kluwer Arbitration
MARCH 30, 2024
In Brazil, however, a study coordinated by Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) at Fundação Getúlio Vargas’ Sao Paulo Law School and Canal Arbitragem in 2023, showed that the use of mediation in Brazil has grown in the last 10 years, especially during the pandemic, in 2020 and 2021 (see here ).
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’.
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.
Kluwer Arbitration
AUGUST 7, 2024
372-2021-CCL, 13 December 2022 Marianella Ventura Silva, Centro de Arbitraje, CCL, ITA Reporter for the CCL The arbitral tribunal dismissed the objection of lack of competence filed by the SEDAPAL. Contractor v. Employer (Award), CRCICA Case No. María del Carmen Pendavis Miranda Vda. de Basombrío and Others v. Industrias Triveca S.A.C.
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.
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