Kluwer Arbitration

MARCH 31, 2024

The Decision joins many other decisions recently issued by Chile’s highest Court that confirm solid and well-founded jurisprudence (see, for example, CS of July 27, 2023, Rol 133.313-2022; CS of October 5 of 2023, Rol No. 71,508-2022; CS of January 16, 2023, Rol 3,545-2022; CS of July 29, 2021, Rol 104,262-2020).

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

OCTOBER 27, 2023

Gazprom (2022), as well as the decisions issued in Portugal by the Court of Appeal of Lisbon ( Proc. 3409/21.2T8BRG.G1 [2022]). They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. Gazprom (2022). 3409/21.2T8BRG.G1 [2022]). 19222/20.1T8LSB.L1-6

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

FEBRUARY 19, 2024

Invoking the existing disclosure obligations in arbitration practice, such as those outlined in the new ICSID Arbitration Rules 2022 , he suggested alternative solutions to the abolition of double-hatting. For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

FEBRUARY 8, 2024

The German Federal Court of Justice (“BGH”) set off a heated debate when it vacated an arbitral award based on the false application of certain sections of the German Competition Act (GWB) on September 27, 2022 (BGH KZB 75/21), conducting a full review of the arbitral award on the merits. 1059 Para.

Participation 59

Participation Efficiency Balance IT 59

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

JANUARY 17, 2024

Bulk Trident Shipping Ltd [2022] SGHC 210 (“ Fastfreight ”) at [61]. 2022) 2022/INSC/710 (“ Vidarbha Industries ”) at [78]. Bulk Trident Shipping Ltd [2022] SGHC 210 (“ Fastfreight ”) at [61]. 2022) 2022/INSC/710 (“ Vidarbha Industries ”) at [78]. 1) Fastfreight Pte Ltd v. 13) Telnic at [29]-[32].

Thresholds 52

Thresholds Bidding Demand Distribution 52

Kluwer Arbitration

DECEMBER 4, 2023

The ICC offices in São Paulo report that almost 85% of their total amount in dispute regards cases with Brazilian state entities [fn] As informed by the ICC’s Counsel during the 2022 Brazilian Arbitration Day organized by the ICC in São Paulo, Brazil. [fn]. It’s a fine balance. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

The ICC offices in São Paulo report that almost 85% of their total amount in dispute regards cases with Brazilian state entities [fn] As informed by the ICC’s Counsel during the 2022 Brazilian Arbitration Day organized by the ICC in São Paulo, Brazil. [fn]. It’s a fine balance. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

AUGUST 10, 2024

In this regard, the Swiss Arbitration Centre published a Model Statutory Arbitration Clause and supplemental rules for corporate law disputes in Autumn 2022. To restore balance, the commentary advocates for a framework guided by the police powers doctrine, enriched by the principle of proportionality.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

APRIL 3, 2024

This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Provisional measures can be awarded, applying the classic criteria in arbitration of risk of irreparable harm, chances of success and balance of the parties’ interests.

Corruption 52

Corruption Participation Import Thresholds 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

Open Contracting Partnership

AUGUST 14, 2023

times the country’s estimated GDP in 2022. VIktor Nestulia Head of DREAM Project Office This led to the formation of the RISE Ukraine Coalition, which at its inception united more than 20 Ukrainian organizations working on open government and anti-corruption reform.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

JANUARY 10, 2024

80/2022 (“Resolution”), Annex I, art. The Resolution is, thus, aligned with CVM’s administrative rulings concerning the balance between, on the one side, the right of full disclosure to investors, and on the other side, the confidentiality of arbitration proceedings imposed by institutional rules.

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

OCTOBER 15, 2024

However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. This is because there is still a need to supply conventional energy to ensure energy affordability, security, and sustainability of supply while the energy transition occurs.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

MARCH 17, 2024

In May 2022, India applied to the seat court for a revision of the Interim Award and Final Award based on its discovery of subsequent “material facts or conclusive evidence” (“ Second Swiss Proceedings ”). In 2020, DT was successful in the final award on quantum (“Final Award”) and the tribunal ordered India to pay USD 93.3 million to DT.

Balance 52

Balance Corruption IT 52

Kluwer Arbitration

OCTOBER 17, 2023

Among all ICC cases that were withdrawn (before a final award could be rendered) in 2022, around 45% of cases were withdrawn before the constitution of tribunal, which indicates that the claimant has paid only the filing fee of 5,000 USD. Zhang offered an institutional angle to practice.

Transparency 52

Transparency Balance Corruption Demand 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

FEBRUARY 29, 2024

Wanders, The Envisaged 2022 NAI Arbitration Rules, 9 November 2021 ). The balanced scrutiny of arbitral awards may be expected to improve the quality of awards, without prejudice to the discretion of the arbitral tribunal. Hetterscheidt, LinkedIn post, February 2024 ).

Efficiency 52

Efficiency Sustainability Quality Management 52

Kluwer Arbitration

JANUARY 2, 2024

All this is to be balanced with the desire and right of the claimant to have its claim resolved. 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

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

JULY 12, 2024

On this topic, Haugeneder discussed one of the Draft Provisions on Procedural and Cross-cutting Issues and emphasised the need to find balance between the right to property and the right of the state to regulate the use of that property. Regarding intra-EU awards, two concurrent decisions by the Paris Court of Appeal in 2022, Strabag v.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

OCTOBER 17, 2024

From a government perspective, Ms Kautoke noted that a primary aim behind the international arbitration reform in Tonga has been to encourage trade and investment, however this is balanced with the need to protect local businesses. Fiji’s international Arbitration Regime—A Trailblazer?

Capacity 52

Capacity Balance Import Corruption 52

Kluwer Arbitration

SEPTEMBER 27, 2023

She then revealed to him that she was the “judge” The significant impact of unconscious bias on gender diversity of arbitrator appointments was recognised and discussed in the ICCA’s 2022 Report on Gender Diversity in Arbitral Appointments and Proceedings. Further details of the initiative can be found here.

Import 40

Import Balance IT Corruption 40

Kluwer Arbitration

DECEMBER 14, 2023

For instance, LACIAC was one of the four arbitral centres that collaborated with the School of Oriental and African Studies, University of London in cooperation with the African Legal Support Facility to organise a counsel in arbitration skills-based training in 2022. It has, however, been incredibly rewarding.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

MARCH 25, 2024

Therefore, he emphasized the need to find the right balance between the protection of these important public policy goods and promoting and attracting FDI to foster economic development and increase the standard of living. In sum, the main take away of this rich panel discussion was that the right balance must be found.

Balance 52

Balance Export Sustainability Import 52

Kluwer Arbitration

AUGUST 28, 2024

This approach arguably struck a sensible balance between party autonomy and due process considerations. Most commodity offtake contracts contain clauses to this effect and similar provisions are also found in various other types of commercial agreements ( see, e.g. , GAFTA General Feedingstuffs 2022 , Clause 27).

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

APRIL 1, 2024

This was the third installment in the “Affaires d’Etats” series on Investor-State Dispute Settlement (“ISDS”) initiated by Curtis during 2022 PAW. Her remarks underscore the need for reforms that actually address the real disparities and ensure a more balanced and equitable resolution of investment disputes.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

NOVEMBER 28, 2023

2019-11, Award dated 31 January 2022; Manuel García Armas et al v Venezuela , CPA 2016-08, Award on Jurisdiction dated 13 December 2019; Enrique Heemsen v Venezuela , CPA 2017-18, Award on Jurisdiction dated 29 October 2019).

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

JANUARY 30, 2024

These developments suggest a move towards a more balanced approach between investor rights and states’ environmental duties, potentially leading to significant reforms in investment arbitration, enhancing awareness of its current limitations, especially in addressing climate challenges.

Influencing 59

Influencing Balance Risk Management IT 59

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

8, Series of 2022 , which now allows for arbitration as a mechanism to resolve intra-corporate disputes (see a previous post on this development here ). Amoroso introduced Section 181 of the Philippines’ Revised Corporation Code , as further implemented by the Securities and Exchange Commission’s Memorandum Circular No.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 11, 2024

During 2022, evidence of an ongoing relationship between the consultancy firm and the Defendant emerged, and the Claimant raised allegations of fraud against the Defendant regarding its non-disclosure of a conflict of interest during Arbitration A.

Balance 52

Balance Thresholds Purchasing Corruption 52

Kluwer Arbitration

NOVEMBER 16, 2024

Security for costs –– a balancing act Following welcome remarks from Caroline Falconer, Secretary General of the SCC, Dr Baltag introduced the topic of security of costs as being one of the timely topics currently addressed in international arbitration. Stockholm University and member of the Board of the SCC.

Balance 52

Balance Thresholds Accountability Influencing 52