Kluwer Arbitration

SEPTEMBER 24, 2024

In October 2022, the KG requested through the Russian Ministry of Justice the service of documents to RZhD in accordance with the 1965 Hague Service Convention (“Hague Convention”). Straight to Service Through Public Notification? 3 of the German Civil Procedure Code (“ZPO”). For example, in June 2023, the Arbitrazh Court of St.

Export 52

Export Influencing Contract Utilities 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 23, 2024

DIAC, too, has shifted gears with its new set of arbitration rules that entered into effect on 21 March 2022. DIAC’s 2022 Arbitration Rules no longer require filing hardcopies, allow arbitral awards to be signed electronically, and provide the necessary flexibility for remote hearings and case management conferences.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 20, 2024

In 2022, the Old CPL was repealed through Federal Civil Procedures Law No. 42/2022 (“ New CPL ”). 411 of 2022 (Commercial) , in which the award debtor argued that the award was not signed on all pages. A number of factors have influenced this shift. For example, in Dubai Court of Cassation No.

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

APRIL 3, 2024

Particularly, unless licenses have been granted, arbitral institutions are prohibited from receiving sanctioned persons’ monies, while multiple Russian banks have also been expelled from the SWIFT banking system since March 2022. However, the imposition of sanctions can lead to issues in the implementation of enforcement proceedings.

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Early this year, the European Union (“EU”) finalized the required internal procedures for the entry into force of the Sustainable Investment Facilitation Agreement concluded between the European Union and the Republic of Angola on 18 November 2022 (“SIFA” or the “Agreement”).

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

JANUARY 22, 2024

815 of 2022. This understanding may influence the way courts interpret the parties’ agreement in cases of doubt. 6/05353/2023/02 , which highlights the influence of general concepts and understandings of dispute resolution mechanisms on the interpretation of dispute resolution clauses.

Influencing 52

Influencing Contract IT Corruption 52

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. The availability of ISDS significantly influences investors’ decisions. At least not explicitly.

Sustainability 52

Sustainability Corruption Balance Influencing 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

MARCH 21, 2024

Arbitration Dynamics in the Two Regions Hjordis Birna Hjartardottir was the first to provide an arbitration analysis of the region, noting that, in 2022, the CEE and CA regions accounted for 10.5% of the ICC’s total caseload. This figure is only marginally less than North America’s 10.7%, but considerably lower than Western Europe’s 28%.

Influencing 52

Influencing Finance Distribution Business Strategy 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

MARCH 22, 2024

published in ICCA Congress Series 21 (Edinburgh 2022)). Whilst the outcomes they predict may look like “intelligent outcomes”, the focus is on predicting the outcome, rather than the reasons influencing why previous decisions have led to similar outcomes.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

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. The panel also predicted an increase in gas price review disputes as more LNG is used in power stations, which inevitably creates disputes concerning price.

Price 59

Price Negotiation Finance Accountability 59

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]. Contrastingly, BRAMIA allows some state and social control over dispute proceedings.

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]. Contrastingly, BRAMIA allows some state and social control over dispute proceedings.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. The enactment of the IAA marked a pivotal moment, aligning South Africa more closely with international best practices.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

SEPTEMBER 5, 2024

Following the 43rd session of WGIII in September 2022, the UNCITRAL Secretariat was tasked with preparing a draft MIIR featuring possible core provisions and outlining the relevant issues that could arise with regard to the MIIR’s relationship with existing investment agreements and its application to future investment agreements ( A/CN.9/1124

Influencing 52

Influencing Corruption IT Participation 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

DECEMBER 23, 2023

Diana Bayzakova, director of the TIAC, further explained how these changes have influenced the choice of TIAC as a preferred arbitral institution and have also shaped the perception of Uzbekistan as a neutral jurisdiction. The panelists discussed efforts to develop Uzbekistan’s arbitration sphere, a theme explored throughout the week.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 18, 2024

The Commission notes that this provision was influenced by the CJEU’s opinion on CETA , which recognised the importance of general exceptions in EU agreements and their impact on the autonomy of the EU legal order. This is similar (save on timing) to Article 41 of the 2022 ICSID Arbitration Rules.

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

MARCH 12, 2024

42/2022 On the Promulgation of the Civil Procedure Law (“ UAE Civil Procedures Code ” ); the enforcement regime for foreign arbitral awards as set out at Arts 222-223 of the UAE Civil Procedures Code would have lent itself to wholesome incorporation into the body of the FAL; and finally, Art. 61(2) of UAE Federal Law No.

Media 52

Media Influencing IT Corruption 52

Kluwer Arbitration

JULY 12, 2024

First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. Knoll-Tudor covered annulment and enforcement in France. Poland and Slot v.

Ethics 52

Ethics Balance Import Thresholds 52

University of Bristol

DECEMBER 5, 2022

Procurement rules and policies seek to ensure that contract awards are free from corruption, conflicts of interest or anticompetitive practices, and that these vast sums of public funds generate value for money and support social, environmental, and innovative practices. This blog post provides a summary of the main findings so far.

Procurement 52

Procurement Government Government Buyers 52

Kluwer Arbitration

DECEMBER 21, 2023

These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. The Report also highlights the Indian Council of Arbitration’s introduction of new rules in 2022 and discusses the 2023 initiative towards reforming the Indian international arbitration framework.

Influencing 52

Influencing Corruption IT Contract 52

Kluwer Arbitration

JANUARY 26, 2024

Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020 , 2021 , and 2022 —but have also taken a slightly more restrictive than usual stance towards international arbitration. Although the CoA may have been influenced by the exceptional circumstances of the case (i.e.

Influencing 52

Influencing IT Corruption Accountability 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. As part of the 2024 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Amplifying the Voices of Developing States in ISDS Reform.” Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here , here , and here ).

Influencing 59

Influencing Balance Risk Management IT 59

Government Contracts Legal Forum

JANUARY 5, 2024

GAO found that DoD reviewed an average of only 40 M&A transactions per year from FY 2018-2022, while it was estimated that approximately 400 such transactions occur annually. Section 862 amends the Small Business Act, specifically 15 U.S.C.

Government 40

Government Government Export Data 40

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

Kluwer Arbitration

FEBRUARY 15, 2024

The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). He explained that the ICJ (or “World Court”) has referred to ISDS cases only in very few instances.

Influencing 52

Influencing IT Negotiation Corruption 52

Kluwer Arbitration

NOVEMBER 4, 2023

SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. Gloria Lim , CEO of SIAC, and Ms. The author is currently a Legal Counsel for renewable energy projects at ACEN Corporation.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

NOVEMBER 6, 2024

Four partial awards were rendered in the references, as follows: the Offshore Jurisdiction Award (15 March 2022); the Offshore Jurisdiction Award on Costs (22 July 2022); the Consolidation Award (22 July 2022); and the Onshore Jurisdiction Award (25 August 2023). Aiteo was unsuccessful in each and made an application under s.67

Finance 52

Finance Insurance Influencing Corruption 52

Kluwer Arbitration

NOVEMBER 16, 2024

The silence and sparsity of costs coverage in arbitral laws and institutional rules affords wide discretion that result in reliance on customary arbitral norms and practices influenced by national legal cultures and training. The report observes that only two of the 23 applications for security for costs yielded success.

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Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

NOVEMBER 21, 2024

In EcuadorTLC II , an Ecuadorian state-owned company, Corporación Eléctrica del Ecuador (“CELEC EP”), has sought to challenge several adverse awards that have now surfaced, including a Phase I partial award dated December 21, 2022, and the Phase II award, both of which are subject to ongoing legal challenges.

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Participation Contract Influencing IT 52