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

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.

Freight 52

Freight Transportation Transportation Contract 52

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

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

AUGUST 4, 2024

The EU’s proposal in 2021 to carve out fossil fuel investments from ECT post-establishment international protection, when the modernization process was almost concluded, underscores how investment treaty policy has become a catalyst for internal political divisions and instability within the EU since the Lisbon Treaty.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

SEPTEMBER 26, 2024

In 2021, Indian Oil pursued claims against Arcelor Mittal for amounts allegedly owed under the GSA, now amounting to approximately USD 1.4 The Delhi High Court Judgment Following the Supreme Court’s decision, the resolution plan was implemented and Arcelor Mittal acquired Essar in 2019.

Participation 52

Participation Negotiation Import Corruption 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

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 Negotiation Finance 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

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

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

SEPTEMBER 22, 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

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

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 Corruption 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

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 Buyers Contract Negotiation 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

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 Negotiation 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 Negotiation Finance 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 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

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 Negotiation IT 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 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

DECEMBER 2, 2024

In stark contrast to the draft amendment released in 2021 (“2021 Draft”), which had been lauded for its modern approach and reformative features aligning Chinese arbitration with international standards (see previous Blog posts here and here ), the 2024 Draft removed many of these features, adopting instead a rather conservative approach.

Transparency 52

Transparency Negotiation IT Corruption 52

Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. The Arbitration In April 2021, Greenfield initiated arbitration under the LCIA Rules against CFE and CFE Generación II EPS (“Respondents”). TPP”), to CFE’s thermoelectric plant (“Central-CFE”).

Contract 52

Contract Negotiation Transportation Transportation 52

Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. Following unfruitful attempts at amicable settlement, DJO commenced an ICC arbitration seated in Singapore on 16 December 2021 (the Singapore Arbitration). Across all three arbitrations, similar factual and legal issues arose.

Accountability 52

Accountability Balance Import Tender 52

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. On 27 November 2018, the Conference approved a list of topics for the negotiations on the modernisation of the ECT.

Negotiation 52

Negotiation Sustainability Contract Finance 52

Kluwer Arbitration

JANUARY 29, 2025

Further, in July 2021, the Roia Montan Mining Cultural Landscape was inscribed on UNESCOs World Heritage List and simultaneously on the List of World Heritage in Danger because of the threats posed by plans to resume mining, thereby additionally complicating the situation (Award, para.

Corruption 52

Corruption Framework Agreement Influencing Negotiation 52

Kluwer Arbitration

FEBRUARY 18, 2025

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. Arbitration institutions were not left out in the 2024 series of developments. Significant Arbitration Cases a.

Collaboration 52

Collaboration Data Balance Negotiation 52

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.

Efficiency 52

Efficiency Participation Quality Corruption 52

Kluwer Arbitration

DECEMBER 15, 2024

1) For cases filed under the currently effective JCAA Arbitration Rules 2021, the expedited arbitration procedures have an average duration of 3.1 This may lead to difficulties in managing timelines in an arbitration, mediation, or negotiation process. months for disputes up to JPY 50 million, and 6.3

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Efficiency Negotiation Import Corruption 52