Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. As reported in 2022-in-review on ISDS reform, the voting on the “agreement in principle” of the modernized ECT was initially set for April 2023 after a delay.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

MAY 15, 2024

A perception of potential bias and cultural differences has expedited this shift, with local parties, often governments or government entities, insisting on local seats in their arbitration clauses when negotiating contracts. Should investors be pushing back on African seat proposals when negotiating arbitration clauses?

Negotiation 52

Negotiation Import Capacity Corruption 52

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

SEPTEMBER 28, 2023

On the last working day of 2022, and “on the eve” of a revised Chinese Arbitration Law, the SPC released its 36th batch of six guiding cases. The FICC then carefully examined the parties’ negotiation history, particularly as it relates to the arbitration clause. The FICC first affirmed its jurisdiction to review this issue.

Negotiation 40

Negotiation Contract Transportation Transportation 40

Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. 3409/21.2T8BRG.G1 [2022]).

Contract 52

Contract Balance Negotiation Insurance 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 Integrity Integration 52

Kluwer Arbitration

AUGUST 4, 2024

However, this unfortunate fate was already sealed by the withdrawal notifications by France, Germany and Poland in December 2022, and the preceding decision of some Member States in October to not back the Commission’s proposal for a Council decision on the modernized ECT text for unspecified concerns over protection of fossil fuel investors.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

FEBRUARY 16, 2024

Decision 4A_575/2022 (7 August 2023) concerned a dispute arising from a licence agreement for the operation of a telecommunications network in a part of the southern Republic of Sudan (now the Republic of South Sudan), concluded on 15 October 2003 between C. The agreements were not drafted, negotiated, or signed by the father or his sons.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

DECEMBER 22, 2023

The Hong Kong Court of Appeal (“ HKCA “) took its first step into the “twilight zone” last year in C v D [2022] HKCA 729 , expressly finding compliance with pre-arbitral conditions in a tiered clause to be a matter of admissibility, as opposed to a matter of jurisdiction (see the blog post here ). Nevertheless, Decision No.

Negotiation 52

Negotiation Contract Corruption IT 52

Kluwer Arbitration

JANUARY 14, 2024

Japan’s BIT with Bahrain that was signed in June 2022 entered into force in September 2023. Korea rendered in August 2022, our contributor criticized the tribunal’s reliance on an OECD Commentary as “partially incorrect (oversimplified)”—the case is currently undergoing annulment proceedings.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

MARCH 11, 2024

As discussed at the 2022 Trade, Investment and Small States’ conference, the money needed for the project, often does not meet the minimum spending criterion of the funder. Article 8 stops short of providing a basis for any liability or compensation. All are available to watch in full here.

Capacity 52

Capacity Import Finance Negotiation 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. These are important considerations for contracting parties negotiating the seat of arbitration in any contract.

Thresholds 98

Thresholds Import Contract IT 98

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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

OCTOBER 16, 2023

In 2022, Hong Kong legislators continued the reformation of arbitration fee structures. 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

Efficiency 52

Efficiency Innovation IT Negotiation 52

Kluwer Arbitration

SEPTEMBER 14, 2024

However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones. It had reinstated in late 2022 a policy over 2011-13 of not agreeing to ISDS in new IIAs.

Transparency 52

Transparency Government Government Integrity 52

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

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

NOVEMBER 17, 2023

On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. In the authors’ view, that remains an open question. As a case in point, in Sun Dingshang v. As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

MARCH 22, 2024

The dexterity to combine different ADR services allows dispute resolution tools to be tailored to the dispute and parties at hand, and may give parties the best chance of a negotiated settlement, alongside an opportunity to maintain their business relationships. published in ICCA Congress Series 21 (Edinburgh 2022)).

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

DECEMBER 31, 2023

In 2022, CIETAC’s practice of third-party funding was recognized in judicial review by PRC courts for the first time (see prior post ). This continues CIETAC’s past efforts to regulate third-party funding. Another novel addition to the 2024 Rules is Article 12.2,

Efficiency 52

Efficiency Consulting Contract Innovation 52

Kluwer Arbitration

MARCH 25, 2024

Finally, Szabolcs Nagy highlighted the problems that negotiators of the Member States and the EU are facing in finding a legally sound solution for the withdrawal from the ECT without violating the Rule of Law. Rameau also underlined the need for sustainable FDI and investment retention, in particular in Africa.

Balance 52

Balance Export Sustainability Import 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. In short time, the AI was corrupted by the users and started sending out violent messages. In addition to litigation, Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

MARCH 20, 2024

Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work. What Happened Since Achmea Was Issued Six Years Ago? Providing a view from an intra-EU investor, Mr Hennessee first summarised the reception of Achmea in two words: disappointment and resignation.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

DECEMBER 26, 2023

In a survey conducted by the Global Arbitration Review (GAR) in 2022 on hearing centre preferences, AIAC was ranked at the forefront among other international institutions, having the highest number of hearing rooms and largest room capacity. Our offices at Sulaiman Building are widely regarded as some of the best ADR venues in the world.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. Dubai CoC Case No. Dubai CoC No.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 13, 2024

The ECT Modernization Melt-Down The ECT modernization process developed from 2020 until June 2022 (for a summary of the process since 2017, see here ) and finalized with an Agreement in Principle agreed by all the ECT Contracting Parties. Otherwise, it cannot be applied. Modernization or Destabilization?

Negotiation 59

Negotiation Corruption IT Integration 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 24, 2024

Shortly before the Investment Protocol’s adoption, in July 2022, the Africa Arbitration Academy issued the Model BIT , which African states can adopt as a standard BIT. Similarly, Article 46.1

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

SEPTEMBER 25, 2023

Department of State, 2022 Investment Climate Statements: Timor-Leste , [link]. Timor-Leste has since turned its attention towards finalising its land and boundaries with Indonesia and is engaged in ongoing bilateral negotiations to this end [fn]Maritime Boundary Office, Timor-Leste’s Maritime Boundaries with Indonesia , [link].

Negotiation 40

Negotiation Corruption Participation IT 40

Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. 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 ).

Purchasing 52

Purchasing Participation Efficiency Influencing 52

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 ). Second, Professor Rivas addressed the potential direct influence of new ICJ judgments on ISDS decisions.

Influencing 52

Influencing IT Negotiation Corruption 52

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 104

Public Procurement Procurement Buyers Tender 104