Kluwer Arbitration

JUNE 8, 2024

In 2023, the institution handled 175 cases, up from a dip to 143 cases in 2022, maintaining its average annual caseload of 170-215 cases over the past 20 years. The Centre boasts a high efficiency rate, with 45% of cases following expedited procedures and an average dispute amount of 22 million CHF.

Efficiency 52

Efficiency Import Innovation Finance 52

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 73

Public Procurement Procurement E-procurement Transparency 73

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 Integrity Integration 52

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.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

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.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

AUGUST 28, 2024

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). In light of this, folk wisdom suggests that when life gives you lemons parties are well advised to make a lemonade.

Contract 52

Contract Balance Import Utilities 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

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.

Efficiency 52

Efficiency Consulting Contract Innovation 52

Open Contracting Partnership

DECEMBER 8, 2023

Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” Efficiency is key. So the DGCP adopted a three-pronged approach to improve things.

Corruption 71

Corruption Collaboration Data Public Procurement 71

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.

Procurement 52

Procurement Public Procurement Sustainability E-procurement 52

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.

Corruption 52

Corruption Participation Efficiency Ethics 52

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.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

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.

Efficiency 52

Efficiency Innovation IT Negotiation 52

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)

Thresholds 52

Thresholds Corruption Import Management 52

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.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

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?

Capacity 52

Capacity Efficiency Collaboration Innovation 52

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.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

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

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.

Thresholds 52

Thresholds Demand Bidding Distribution 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

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.

Negotiation 52

Negotiation Innovation Efficiency Influencing 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?

Ethics 52

Ethics Buyers Participation Efficiency 52

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.

Influencing 98

Influencing Efficiency Leadership Innovation 98

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.

Thresholds 52

Thresholds Price IT Corruption 52

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.,

Corruption 52

Corruption Participation Import Thresholds 52

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.

Thresholds 98

Thresholds Import Contract IT 98

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.

Influencing 52

Influencing Import Supply Chain Collaboration 52

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.

Import 52

Import Efficiency Influencing Integrity 52

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.

Ethics 90

Ethics Data Integrity Integration 90

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.

Freight 52

Freight Import Corruption Government 52

Kluwer Arbitration

DECEMBER 16, 2023

On 16 and 17 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its X Arbitration Congress (“X CAM-CCBC Congress” or “Congress”) in Sao Paulo, Brazil. Porangaba noted that technological development is key, and that investments in smart grids may increase efficiency of energy distribution.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

DECEMBER 23, 2023

Drawing on his experience in the financial sector, Mr. Freer stressed the importance of efficient dispute resolution to foster strong trade relationships. Freer emphasized the economic benefits and global significance of international arbitration for Uzbekistan.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Open Contracting Partnership

OCTOBER 3, 2023

Throughout the pandemic, significant amounts of public funds were disbursed without seeking parliamentary approval, and the procurement process itself became tainted by multiple instances of corruption and cronyism. In 2022, a new unity government was formed under Prime Minister Anwar Ibrahim coalition’s leadership.

Public Procurement 115

Public Procurement Procurement Corruption Transparency 115

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

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

OCTOBER 17, 2023

The tribunal should be receptive to the parties’ expectation in seeking out additional options that would facilitate more efficient dispute resolution, including increased cost awareness. Lau shared this viewpoint but further underscored that the tribunal’s mandate is shaped by the parties. Zhang offered an institutional angle to practice.

Transparency 52

Transparency Balance Corruption Demand 52

Kluwer Arbitration

SEPTEMBER 22, 2023

It is also worth noting that of the 204 cases administered over the course of 2022, 26% involved a party from Latin and Central American countries. For instance, the statistics demonstrate that of the 204 cases the PCA administered in 2022, 112 were investment treaty related and 88 were contract-based arbitrations of different types.

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

MAY 11, 2024

The discussion then shifted to significant changes in the semiconductor industry, spurred by the 2022 CHIPS and Science Act that allocated $57 billion in grants to incentivize the domestic manufacturing of semiconductor chips, which historically had been concentrated in China.

Influencing 59

Influencing Integrity Integration Manufacturing 59