Kluwer Arbitration

AUGUST 6, 2024

For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules , the Tribunal in Ruby River Capital LLC v. This post examines the standard established by the Tribunal for suspension of the proceeding under the ICSID 2022 Arbitration Rules. Canada (ICSID Case No.

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Open Contracting Partnership

JUNE 3, 2024

The Umucyo platform is used by 1194 government agencies down to district hospitals – an increase from just over 200 in 2022 – with more than 13,800 suppliers and 26,800 contracts awarded. Using data to address fraud and corruption The increased digitalization has provided new opportunities to identify bad behavior and corruption risks.

Public Procurement 79

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Kluwer Arbitration

FEBRUARY 27, 2024

To mitigate risk and foster foreign investment in the country, the KSA has introduced several reforms to foster more efficient dispute resolution and become a dispute resolution hub. This is a welcome development, as it will help parties to be candid with one another and will allow for more efficient dispute resolution.

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Inter-American Development Bank

OCTOBER 31, 2024

Smart public procurement refers to making optimal decisions to minimize waste and enhance the quality, efficiency and sustainability of public spending when purchasing and contracting goods, works and services. This reduction would not only lead to lower interest expenses but also stimulate GDP growth by fostering a more efficient economy.

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Kluwer Arbitration

FEBRUARY 7, 2024

25, 27, and 36), and an express emphasis on efficiency and economy (Art. 3), complemented by new Internal Rules , in effect since 1 July 2023, in an effort to further promote transparency and efficiency. They also feature the establishment of the SCCA Court (Art. were granted (for violations of Shari’a and public policy).

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Kluwer Arbitration

DECEMBER 26, 2023

It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. By allowing parties to streamline the resolution process and manage their resources efficiently, AIAC’s framework aligns with the fast-paced demands of trade. 1) Rule 12 of the 2023 Rules.

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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.

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Kluwer Arbitration

FEBRUARY 29, 2024

The new NAI Rules, which had been last revised in 2015 , introduce a number of innovative features and aim to provide for more efficient and expeditious dispute resolution, thereby responding to the needs and increased sophistication of users of international arbitration. Wanders, The Envisaged 2022 NAI Arbitration Rules, 9 November 2021 ).

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Kluwer Arbitration

JUNE 3, 2024

For example, Article 34(6) of the Dubai International Arbitration Centre Rules 2022 (“ DIAC Rules ”) provides that “ [i] f signed in ink, the award shall be signed on each page. In contrast, the ability to electronically sign an award is an exercise in efficiency as it takes just few minutes and only one copy needs to be signed.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

MARCH 16, 2024

Electronic data review has become commonplace, offering efficiency over manual methods, especially for extensive data. Before the review, data needs to be collected and processed ( e.g. , conversion of documents into a readable format, de-duplication) before being uploaded onto a review platform such as Relativity.

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Open Contracting Partnership

JULY 6, 2023

Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.

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Kluwer Arbitration

JANUARY 28, 2024

Building on the successful inaugural CIAW that took place in March 2022, the 2023 CIAW attracted over 1,500 attendees from all over the world, including Singapore, Armenia, Brazil, Mexico, South Korea, Hong Kong, Mainland China, and Japan. Vitaly Ivanovich Smagin , No. 22–381 (U.S. Young CalArb is sponsored by CalArb.

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Kluwer Arbitration

JANUARY 21, 2024

Noting the broad discretion afforded to tribunals to decide upon procedural issues, one piece posited that an emphasis on efficiency found in many institutional rules may encourage the limited use of AI. In October 2022, the ICC launched its new digital case management platform, ICC Case Connect.

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Kluwer Arbitration

JULY 17, 2024

The High Court challenge emanated from the Award that was issued in favour of SNGPL in August 2022, by Chantal-Aimée Doerries, KC (the ‘ Tribunal ’), against QATPL, a public sector company. First, the legal system in England and Wales is considered reliable and efficient. There are a number of reasons for this.

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Thresholds Import Contract IT 98

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.

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Kluwer Arbitration

JANUARY 23, 2024

In response, the Abu Dhabi Chamber of Commerce and Industry (“ Chamber ”) launched an initiative to improve the quality and efficiency of international dispute resolution in the Emirate. DIAC, too, has shifted gears with its new set of arbitration rules that entered into effect on 21 March 2022.

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Kluwer Arbitration

OCTOBER 16, 2023

This interpretation was also consistent with the legislative purpose of the Ordinance, which is to resolve disputes fairly and efficiently through arbitration. In 2022, Hong Kong legislators continued the reformation of arbitration fee structures. HKIAC launched HKIAC Case Connect , an online case management platform in October 2021.

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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. 14) Vidarbha Industries Power Ltd.

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Kluwer Arbitration

DECEMBER 31, 2023

With more than 30 provisions improved in the 2024 Rules, which constitute the 10th edition of CIETAC’s arbitration rules, CIETAC is striving to provide parties and arbitral tribunals with more flexibility, efficiency, and transparency throughout arbitration proceedings. This continues CIETAC’s past efforts to regulate third-party funding.

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Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. These changes have profound political, economic, and societal implications. As observed by Henry A.

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Kluwer Arbitration

MARCH 22, 2024

At the recent ICC Commission on Arbitration and ADR meeting in Paris, Richard Susskind invited those in the audience to consider what their clients really want in arbitration and ADR, and to come up with solutions to address what clients really want, rather than more efficient ways of doing what we have been doing so far.

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Kluwer Arbitration

DECEMBER 22, 2023

This 2022 Supreme Court judgment followed the leading Supreme Court judgment from 2016 (U.2016.1558/2H), The fully booked day demonstrates that arbitration goes from strength to strength in Denmark, as exemplified by the DIA’s increase of cases in 2022 compared to 2021, bucking a trend seen elsewhere. The Supreme Court decision (U.2022.1117)

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Kluwer Arbitration

AUGUST 8, 2024

The judgment to lift the stay previously granted is an unusual one but the court determined on the facts of the case that the agreed terms between the parties allowed the Claimant to come back before the High Court to lift the stay if the Respondent did not engage with the arbitration in a timely and efficient fashion. While para.

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Kluwer Arbitration

OCTOBER 20, 2024

The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity. HKIAC Case Digest was awarded the GAR Best Innovation by an Individual or Organisation in 2022.

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Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. Japan’s BIT with Bahrain that was signed in June 2022 entered into force in September 2023.

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Open Contracting Partnership

NOVEMBER 4, 2024

” Verónica Valle, Director, ChileCompra Transparency and access to information In late 2023, ChileCompra introduced a campaign called “Stop Corruption”, to promote the Observatory’s channels for citizens to submit confidential complaints. The higher a procedure’s score, the more rules have potentially been broken.

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Procurement E-procurement Tender Purchasing 61

Kluwer Arbitration

OCTOBER 4, 2023

The Law Commission’s First Consultation Paper published in September 2022 initially recommended the challenge under section 67 to take the form of an appeal. Therefore, competence-competence merely aims at ensuring procedural efficiency giving no meaningful effect to the tribunal’s determination.

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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.

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Kluwer Arbitration

JULY 11, 2024

Hosting the inaugural Uzbek Arbitration Week in 2021, and then followed with its 2022 and 2023 editions, which brought together the global arbitration community to share knowledge and raise Uzbekistan’s profile as an arbitral seat. How has the arbitration landscape changed in Uzbekistan since then?

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Kluwer Arbitration

MARCH 20, 2024

Six procedures were registered in the first edition, proving this initiative to be efficient. decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. This does not cover field of play matters (i.e.,

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Corruption Participation Import Thresholds 52

Kluwer Arbitration

DECEMBER 11, 2023

The latest (yet to be published) revisions, include inter alia: a focus on cost-efficiency by introducing (i) an early determination possibility, and (ii) expedited arbitration proceedings. Further to that, Prof. Further to that, Prof. Meijer provided an update on the new NAI rules ( recently discussed on the Blog ). Will we see you there?

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Kluwer Arbitration

JULY 2, 2024

In its decision 4A_398/2021 of 20 May 2022, the SFSC rejected the set-aside action, finding that Venezuela had failed to show that the restructuring was abusive. decision 4A_398/2021 of 20 May 2022, para. This includes preliminary questions of substance affecting the decision on jurisdiction (cf.

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Kluwer Arbitration

APRIL 10, 2024

Sobota highlighted significant legislative measures enacted by the United States, such as the CHIPS and Science Act of 2022 and the Inflation Reduction Act of 2022 , aimed at bolstering domestic technology production and imposing restrictions on semiconductor imports.

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Kluwer Arbitration

APRIL 1, 2024

The arbitration user community requires a structured, efficient, and cost-effective alternative to traditional litigation. The Supreme Court of Appeal’s ruling in Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd [2022] SCA crystallised this shift.

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Kluwer Arbitration

NOVEMBER 23, 2023

A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition in Chile ( see Case N° 133.313-2022 , dated 27 July 2023). Claimant filed its enforcement petition on 21 October 2022.

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Kluwer Arbitration

MARCH 13, 2024

of Appendix I to DIAC Arbitration Rules 2022 provides a solution whereby a party can make substitute payments of the other party’s share with the objective of recovering these payments after the formation of the arbitral tribunal. Furthermore, Article 3.3

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Kluwer Arbitration

OCTOBER 15, 2024

The panel also noted the continued positive perception of arbitration within the energy sector, as reported in Queen Mary University of London’s 2022 Energy Arbitration Survey. Conclusion As the panel discussion showed, Asia’s energy sector relies on effective dispute resolution procedures to operate efficiently.

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