Kluwer Arbitration

OCTOBER 23, 2023

It is then up to the party with a jurisdictional objection to decide how to play their hand, including whether or not to participate in the arbitration, where to bring an objection, and at what stage of the proceedings. Accordingly, we have analysed participation and non-participation separately.

Participation 52

Participation Import IT Corruption 52

Kluwer Arbitration

NOVEMBER 22, 2023

Levy mentioned an example of a case where an English judge, on the claimant’s application, appointed the entire arbitral tribunal after quashing the claimant’s appointment, in favor of equality between claimant and the non-participating respondent. Views are those of the author only and are not intended to reflect those of ICC.

Corruption 52

Corruption Participation Import IT 52

Kluwer Arbitration

MARCH 21, 2024

Undisputedly, this is one of the practical advantages of this type of meeting, allowing any topic to be addressed or any question to be raised, and participants can express their personal positions freely, without worrying on being quoted publicly. These debates were covered by the Chatham House Rule.

IT 52

IT Participation Influencing Corruption 52

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Hart’s insights strongly resonated with participants from the LAC region, where traditional contracts are often strained by rigid rules. link] [6] Bandiera, Best, Khan & Prat (2021). 4] Bandiera, O.,

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The resolution professional admitted the claim at a notional value of INR 1 (approximately USD 0.012) to ensure Indian Oil’s participation in the insolvency process. In 2021, Indian Oil pursued claims against Arcelor Mittal for amounts allegedly owed under the GSA, now amounting to approximately USD 1.4

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

MAY 4, 2024

The DIS-TPNR are the work product of a DIS working group which was established in 2021. The third party is allowed to participate in the initial arbitration, which includes in particular the right to participate in the constitution of the arbitral tribunal. The authors of this post have had a leading role in this project.

Participation 52

Participation Contract Buyers Negotiation 52

Kluwer Arbitration

FEBRUARY 8, 2024

CGX Energy Inc. ), including because the arbitration clause provided for a summary procedure of only two days and did not permit the participation of third parties or a party was not permitted to depose witnesses ( Costco ) or because the arbitrator ignored or failed to consider or admit certain evidence ( EDE Capital Inc. 44, 50).

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

FEBRUARY 2, 2024

The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. In June 2021 the MSC decided that the original summons had not been served on Malaysia in accordance with Spanish rules governing proceedings against States. Gonzalo Stampa as sole arbitrator.

IT 52

IT Capacity Government Government 52

Kluwer Arbitration

DECEMBER 11, 2023

On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Meijer revealed the launch of the new NAI website.

Ethics 52

Ethics Buyers Participation Efficiency 52

Kluwer Arbitration

JULY 11, 2024

Bayzakova in 2019 , the TIAC has played a leading role in advancing arbitration in Uzbekistan and has also hosted successful Uzbek Arbitration Weeks since 2021. In February 2021, Uzbekistan adopted a new Law on International Commercial Arbitration based on the UNCITRAL Model Law. Since the last interview with Ms.

Capacity 52

Capacity Efficiency Collaboration Innovation 52

Kluwer Arbitration

FEBRUARY 1, 2024

34 of 2021 (“ Decree 34 “) on 14 September 2021, accompanied by a new statute regulating the operation and management of the Dubai International Arbitration Centre (“ DIAC ”). The defendant refused to participate in arbitration in Iran due to the dangerous conditions in that country. v Ashland Oil Inc.

Contract 59

Contract Insurance IT Government 59

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 ).

Efficiency 52

Efficiency Negotiation Buyers Price 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

How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. As of 2025, the system could establish links with additional external data sources ’ (at 2).

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

DECEMBER 13, 2023

Privacy and Third-Party Scrutiny While the public interest inherent in litigation generally allows for some degree of public participation in proceedings, ADR avenues provide far greater scope for privacy. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. References [ + ] References ↑ 1 In re Teligent, Inc. ,

Networking 59

Networking Electronics Contract Import 59

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

OCTOBER 6, 2023

The “ ICCA Guidelines on Standards of Practice in International Arbitration ” (ICCA Guidelines), which were launched in 2021, attempt to go above and beyond the IBA Guidelines discussed above as they require that all participants in an arbitration act with integrity, respect and civility.

IT 45

IT Ethics Participation Accountability 45

Kluwer Arbitration

FEBRUARY 16, 2024

However, the father and his sons were involved in the implementation of the loans as they participated in the decisions on the investments to be made with the funds in question, personally benefited from part of these funds and actively participated in the discussions on the repayment of the loans in the context of the French tax procedure.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

OCTOBER 16, 2024

of the ACICA Rules 2021 is that each party bears the burden of proving the facts relied upon to support its claim or defence. The panel identified the difficulty that arises when participants to proceedings are operating under different ethical frameworks and legal customs. The fundamental requirement under Art 35.1

Ethics 52

Ethics Thresholds Corruption Consulting 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

University of Bristol

AUGUST 23, 2021

One of the relatively recent developments in the post-Brexit review of UK public procurement law is the February 2021 proposal for the replacement of the current rules on the commissioning of healthcare services for the purposes of the English NHS (for background, you can watch here ), with a new provider selection regime (‘the proposal’).

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

DECEMBER 14, 2023

The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana. In 2021, LACIAC commenced a dialogue with African arbitral centres, which was referred to as African Arbitral Centres’ Collaboration Roundtable Discussions (ACCORD). in infrastructure projects.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

JULY 16, 2024

When the CJEU’s 2021 Komstroy judgment extended Achmea’s reasoning to the ECT in a surprising obiter dictum, non-ICSID intra-EU ECT tribunals seated in the EU eventually agreed to decline jurisdiction.

IT 52

IT Utilities Contract Corruption 52

Kluwer Arbitration

DECEMBER 1, 2023

In August 2021, Ecuador rejoined the ICSID Convention. Indeed, for an “investment” to exist under the ICSID Convention the following criteria have been considered: i) contributions; ii) of a certain duration; iii) participation in the risk of the transaction; iv) contribution to the economic development of the host State.

Contract 52

Contract Capacity Utilities Corruption 52

Kluwer Arbitration

OCTOBER 27, 2023

6 [2021]) and by the Court of Appeal of Guimarães ( Proc. Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators. 6 [2021]) and by the Court of Appeal of Guimarães ( Proc. General Company for Ports of Iraq (2019) and Gasum v. Gazprom (2022).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

SEPTEMBER 24, 2024

Therefore, RZhD seems unlikely to have an incentive to participate in arbitration in Vienna. 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

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

MARCH 13, 2024

34 of 2021 which abolished the Emirates Maritime Arbitration Centre and the DIFC Arbitration Institution, the administering body of the DIFC-LCIA Arbitration Centre, and hence the DIFC-LCIA, while assigning all their obligations, rights, and resources to the Dubai International Arbitration Centre (“ DIAC “).

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

JANUARY 21, 2024

At Hong Kong Arbitration Week 2023 , participants observed that the Hong Kong International Arbitration Centre Case Connect , launched in 2021, has been used by at least 34 arbitral tribunals, benefiting 80 parties as of September 2023. E-filing and Online Case Management Online case management saw further strides in 2023.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

SEPTEMBER 2, 2024

However, the application of the Brussels I Regulation in relation to the UK ceased on 1 January 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

Contract 52

Contract IT Import Capacity 52

Kluwer Arbitration

APRIL 1, 2024

As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services.

Import 52

Import Efficiency Influencing Integration 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

OCTOBER 20, 2024

We were also one of the first institutions to launch an online case management platform, the HKIAC Case Connect, in 2021. We were the first arbitral institution to offer a Tribunal Secretary Training Programme and among the first arbitral institutions to issue guidelines on virtual hearing. Past interviews are available here.

Efficiency 52

Efficiency Innovation Leadership Integration 52

Kluwer Arbitration

JANUARY 8, 2024

For its part, the Santiago Arbitration and Mediation Center (CAM Santiago) launched the new rules on emergency arbitration , which were incorporated into the 2021 National Arbitration Rules. In AB Limited et al v. GH Limited , Claim No.

Insurance 52

Insurance Collaboration Education Participation 52

Government Contracts Legal Forum

JANUARY 5, 2024

Notably, from FY 2018-2022 GAO found “numerous examples of defense-related M&A that potentially presented risks” to DoD but for which DoD did not participate in antitrust review, in many cases because it appears that the FTC and DOJ may not have reached out to DoD for input and DoD was otherwise unaware of the transaction.

Government 40

Government Government Export Data 40

Kluwer Arbitration

OCTOBER 11, 2024

There is no breach of the principle of the equity of the parties if an Arbitrator participated in another arbitration with the same parties and a similar case file. In principle, this would be the defeated party to the arbitration, or the successful party who has a legal interest in seeking its annulment (Supreme Court Decision No.

Insurance 52

Insurance Participation Contract IT 52

Open Contracting Partnership

OCTOBER 30, 2023

Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.

Procurement 119

Procurement E-procurement Public Procurement Corruption 119

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 105

Public Procurement Procurement Buyers Tender 105