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. A Clear Objective to Promote African States’ Interests and Participation in Dispute Settlement Mechanisms 1.

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Hart’s insights strongly resonated with participants from the LAC region, where traditional contracts are often strained by rigid rules. American Economic Review, 99 (4): 1278–1308 [5] Ball and Gibso (2022).

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 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. Decision 4A_486/2022 (26 April 2023) concerned a tennis player (A.)

Capacity 52

Capacity E-procurement Demand Participation 52

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. It clarified that the reform proposal is restricted only to the participating parties wishing to have a “second bite of the cherry.”

Consulting 75

Consulting Participation IT Corruption 75

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”). Therefore, RZhD seems unlikely to have an incentive to participate in arbitration in Vienna. Straight to Service Through Public Notification?

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

OCTOBER 31, 2024

Cipatex”), also participated in these tenders but ultimately withdrew. 922-2022 , dated 24 June 2022). (“Emaresa”), another Chilean company, and the parties signed a purchase and supply contract. A Brazilian company, Cipatex Impregnadora de Papéis e Tecidos Ltda.

Tender 52

Tender IT Corruption Supplier 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. The Guidelines are intended to be used as a supplement, as necessary, to national laws. 22–381 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Open Contracting Partnership

FEBRUARY 1, 2024

We are also very pleased that we achieved one of the closest gender balances in survey responses last year, closing the gap between Men and Women from a 22% differential in 2022, to an 11% differential in 2023. Across the last five years, this puts us at an average of Net Promoter 82, exceeding our strategy cycle target of 80.

E-procurement 74

E-procurement Public Procurement Capacity Procurement 74

Kluwer Arbitration

JANUARY 25, 2024

Article 30 of the Arbitration Law provides that a third party not bound by an arbitration agreement may participate and join in an arbitration if the third party has related interests, subject to approval by the disputing parties and the arbitral tribunal. References [ + ] References ↑ 1 Paragraphs 1 and 2 of Article 5.

Contract 97

Contract Participation Import Corruption 97

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. In this respect, the panelists referred to the well-known saying “ the most important thing is not to win but to participate ”. This does not cover field of play matters (i.e.,

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

DECEMBER 11, 2023

On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Meijer revealed the launch of the new NAI website.

Ethics 52

Ethics Buyers Participation Efficiency 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 Demand Bidding Distribution 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 Integration Integrity 52

Kluwer Arbitration

DECEMBER 5, 2023

On November 15, 2023, during the 5 th annual New York Arbitration Week , White & Case LLP hosted an event covering the possibility of obtaining evidence from non-parties to an international arbitration following the 2022 U.S. 2022) (“ ZF Automotives ”). 2022), in which the U.S. Luxshare, Ltd. , In that decision, the U.S.

Automotive 52

Automotive Participation Integration Integrity 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

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]). Gazprom (2022). Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators. 3409/21.2T8BRG.G1 [2022]).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

AUGUST 8, 2024

Frustrated by the over two-year delay from the Order staying court proceedings, the Claimant issued a Motion to the Irish High Court in February 2022 to have the stay lifted pursuant to the agreed Order made on 22 January 2020.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

JULY 16, 2024

Despite the modernized ECT text was set for adoption at the November 2022 Energy Charter Conference, several major EU Member States withdrew from the treaty in the fall of 2022, citing its alleged non-conformity with climate goals. The unanimous adoption of the modernized ECT became impossible for the time being.

IT 52

IT Utilities Contract Corruption 52

Kluwer Arbitration

JUNE 23, 2024

28, and September 2022 Session Report , paras. The Advisory Centre’s Mandate Participating in ISDS proceedings requires time and money. 31-35; September 2022 Session Report , para. These questions hinge on the centre’s mandate, its resourcing and its place within the wider ISDS reform process.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

JANUARY 21, 2024

In late 2022, the Supreme People’s Court of the People’s Republic of China issued its Opinion on Regulating and Strengthening the Applications of Artificial Intelligence in the Judicial Fields (Opinion). In October 2022, the ICC launched its new digital case management platform, ICC Case Connect.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

JANUARY 14, 2024

Japan’s BIT with Bahrain that was signed in June 2022 entered into force in September 2023. Tajikistan —a case where Tajikistan reportedly declined to participate in the arbitration proceedings. Our contributor observed that the difference between litigation and arbitration may account for the divergent results.

Negotiation 52

Negotiation Innovation Efficiency Influencing 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].

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].

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

OCTOBER 6, 2023

of the Dubai International Arbitration Center Rules 2022 and Article 13.1 To act with respect would not only involve a mutual respect for colleagues and participants in an international arbitration, but also a respect for diversity and an awareness of the risk of unconscious bias to refrain from discriminatory conduct.

IT 45

IT Ethics Participation Accountability 45

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

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? Past interviews are available here.

Capacity 52

Capacity Efficiency Collaboration Innovation 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

FEBRUARY 23, 2024

In her inaugural address, Kazim highlighted the growth of India and the UAE’s strong trade relations that has grown from a modest USD 180 million in the 1970s to an impressive USD 85 billion in 2022. She also added that the recent implementation of the CEPA would be instrumental in enhancing this figure to USD 100 billion by 2030.

Framework Agreement 52

Framework Agreement Collaboration Corruption Sustainability 52

Kluwer Arbitration

APRIL 1, 2024

As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

MAY 26, 2024

Hamama led a discussion regarding Russia’s annexation of Crimea and the Donbas region in 2014, outlining the solid ground it created for claiming damages and compensation, and noted that similar claims have emerged following the Russia-Ukraine war in 2022.

Import 52

Import Tender Utilities Corruption 52

Kluwer Arbitration

DECEMBER 1, 2023

In March 2022, Ecuador signed a Trade Association Agreement with Costa Rica (“Agreement”), which required clearance from the Constitutional Court of Ecuador (“Constitutional Court”) to be subsequently ratified by the President of Ecuador. Kingdom of Morocco , §§ 50-58) is illustrative.

Contract 52

Contract Capacity Utilities Corruption 52

Kluwer Arbitration

OCTOBER 20, 2024

What has been encouraging to see, and in my view will continue, is that more and more practitioners from Hong Kong and the region, including many who are fully bilingual in English and Chinese, have started practicing in international arbitration and participating in thought leadership. Past interviews are available here.

Efficiency 52

Efficiency Innovation Leadership Integration 52

Kluwer Arbitration

FEBRUARY 2, 2024

The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. What he rendered in 2022 was an award in form only; it was not an “arbitral award” within the meaning of the NYC. Dr. Stampa determined a Spanish seat.

IT 52

IT Capacity Government Government 52

Kluwer Arbitration

OCTOBER 26, 2023

As per SIAC’s annual report of 2022 , SIAC has received a total of 802 requests for Expedited Procedure since 2010. In 2022 alone, SIAC received 87 requests for Expedited Procedure, of which 48 were accepted. Expedited Procedure Since Expedited Procedure was introduced in 2010, it has become increasingly popular. Draft Rule 14.1(b)

Efficiency 59

Efficiency Thresholds Consulting Management 59

Kluwer Arbitration

DECEMBER 23, 2023

The participants discussed the International Court of Justice’s (ICJ) advisory opinion function, which involves providing guidance on issues related to state obligations, the promotion of development, and the protection of environmental rights.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Kluwer Arbitration

MARCH 20, 2024

Conclusion Laborde Law’s conference allowed the participants to delve into two fascinating topics on the subject of investment arbitration. 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

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