Kluwer Arbitration

NOVEMBER 9, 2023

On October 18, 2023, during the 2023 Canadian Arbitration Week , members of the Young Canadian Arbitration Practitioners (“ YCAP “) gathered at Arbitration Place in Toronto, Canada, to discuss the role of tribunal secretaries.

Balance 52

Balance Corruption Quality Efficiency 52

Kluwer Arbitration

JULY 14, 2024

The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. The proposal had echoes of the 2023 ICC Commission Report on Facilitating Settlement in International Arbitration. AAA-ICDR Bridget M. From there, Ms.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

DECEMBER 24, 2023

Brower II’s Investment Treaties in Times of Crisis: Balancing National Interests and the Rule of Law , Loukas Mistelis’ Is Arbitration Changing? 2023 was a very generous year, indeed. Discovery in Aid of International Arbitration: Recent Developments ), Charles H. We wish you an excellent 2024, with peace, health, and joy!

Quality 59

Quality Management Collaboration Balance 59

Kluwer Arbitration

JANUARY 10, 2024

2.925/2023 (“ Bill ”) is intended to amend federal law no. The Bill was being discussed earlier this year by the Brazilian Congress as a matter of urgency, which is no longer in effect since the urgency regime was revoked by the Executive on September 13, 2023. 6.404/1976 (regulating joint-stock companies/business corporations).

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

NOVEMBER 11, 2023

On 14 September 2023, the DIS Autumn Conference “A World Map of Arbitration in the 21st Century – and What to Find in Germany” showcased Germany’s eminent position in the field. Conclusion The DIS Autumn Conference 2023 illuminated Germany on the international arbitration map.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

OCTOBER 14, 2023

On 31 August 2023 and 1 September 2023, the ICAL Alumni Association held the ICAL 20th Anniversary Conference entitled “Evolution or Revolution: Have We Mastered International Arbitration or Do We Need a New Blueprint for the Future?”. Is greater transparency needed for revolution?

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

JANUARY 2, 2024

All this is to be balanced with the desire and right of the claimant to have its claim resolved. 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

Management 52

Management Supply Chain Thresholds Balance 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

AUGUST 6, 2024

Following the Claimant’s Observations , the Tribunal informed the disputing parties that it decided to reject the request in a letter dated December 31, 2023. ARB/21/63) had ruled on a preliminary objection regarding the scope of Annex 14-C of the United States-Mexico-Canada Agreement (“USMCA”).

Balance 69

Balance Efficiency IT Corruption 69

Kluwer Arbitration

AUGUST 10, 2024

Lorenz Raess, Statutory Arbitration Clauses and the Supplemental Swiss Rules for Corporate Law Disputes in Switzerland On 1 January 2023, revisions to the corporate law came into force which, among other things, allow Swiss companies to include a statutory arbitration clause in their articles of association (AoA) in respect of corporate disputes.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

MAY 12, 2024

Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).

Balance 52

Balance Quantity Corruption IT 52

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. On October 23, 2023, in the Federal Republic of Nigeria v. Process & Industrial Development , para. Process & Industrial Development , paras. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

MAY 5, 2024

Subramanian formally opened the session by quoting a statement from the Miami Arbitration Week 2023 that “the arbitration community is losing the fight to ensure the survival of ISDS”. Rowley, KC (Twenty Essex Chambers) and Melanie van Leeuwan (Partner, Derains & Gharavi). Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 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. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

JUNE 9, 2024

The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

OCTOBER 17, 2023

On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person event on “ Challenges of the 21 st Century: Regulation of Use of AI in Dispute Resolution and Making ADR Work.”

Transparency 52

Transparency Balance Corruption Demand 52

Kluwer Arbitration

DECEMBER 15, 2023

Summary of Divergent Outcomes in Recent Decisions on ASIs On 21 August 2023, Bright J refused in SQD v QYP [2023] EWHC 2145 ( SQD ) to grant an interim ASI restraining court proceedings commenced in breach of an arbitration agreement that expressly provided for ICC arbitration in Paris.

Influencing 52

Influencing Balance IT Corruption 52

Kluwer Arbitration

MARCH 17, 2024

In balancing the interests of the award creditor (DT) against those of the award debtor (India), the Berlin Court considered the low likelihood of India succeeding in the Second Swiss Proceedings (p. 13 and SICC decision , para. India further appealed the decisions of the Berlin Court and the SICC to the respective apex courts.

Balance 52

Balance Corruption IT 52

Kluwer Arbitration

FEBRUARY 29, 2024

Griffiths [2023] UKSC 48 recently considered the question whether a party must challenge a witness and expert evidence in cross-examination if it wants to have that evidence discredited or disregarded. D [2019] EWHC 1277 (Comm) ; BPY v MXV [2023] EWHC 82 (Comm)). The UK Supreme Court (“UKSC”) in Tui UK Ltd v.

Import 64

Import Balance IT Corruption 64

Kluwer Arbitration

AUGUST 25, 2024

In other words, although a balancing test is applied to determine the question, the starting position weighs towards publication. To successfully argue otherwise will likely require more than proving an expectation of confidentiality.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

JANUARY 18, 2024

Only the extension of the deadline due to the taking of evidence saved the arbitration award from being annulled (see the wording of the arbitration agreement in the decision of the Corte di cassazione of 3 January 2023, No. 6 (2023), which is also included on Kluwer Arbitration.

Balance 52

Balance Corruption Import IT 52

Kluwer Arbitration

APRIL 1, 2024

She opined that the reform items on which most progress has been made so far, namely the Code of Conduct for Arbitrators adopted by the Commission in July 2023 and the Multilateral Advisory Centre , take steps towards tackling significant issues regarding double hatting or assisting developing States in ISDS proceedings.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

JUNE 5, 2024

He called for a balance between leveraging new technologies and preserving the integrity and fairness of the arbitration process. In particular, Mr. Paulsson highlighted the need for practitioners to show that they are not profit-driven and profiting from injustice.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

NOVEMBER 10, 2023

542, 25 July 2023 Arthur X. Southern Perú Copper Corporation, Sucursal del Perú, Superior Court of Justice of Lima, 05 June 2023 Fernando Cantuarias Salaverry, Law School of Universidad del Pacìfico, ITA Reporter for Peru The Commercial Chamber of the Superior Court of Justice of Lima declared the annulment of an award unfounded.

Contract 52

Contract Balance Media Electronics 52

Kluwer Arbitration

JANUARY 13, 2024

It was 8:45 am in Santiago de Chile on August 30, 2023, and the Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago’s – CAM Santiago venue was full for the seminar “Tendencies in Investment Arbitration in Latin-America: Current Issues and Challenges.” We ought to wait and see.

Balance 52

Balance Transparency Negotiation Government 52

Kluwer Arbitration

NOVEMBER 3, 2023

On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. 1,905,505/SP (“ Appeal ”), reported by Justice Francisco Falcão. Pursuant to Municipal Decree No.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

SEPTEMBER 3, 2024

On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. 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 Ethics Negotiation Participation 52

Kluwer Arbitration

DECEMBER 14, 2023

This interview is particularly timely in light of the implementation of Nigeria’s long-awaited 2023 Arbitration and Mediation Act , which replaces Nigeria’s 35-year-old Arbitration and Conciliation Act 1988. Please give our readers a concise introduction about yourself and the path that led you to assume the role of Chairman of LACIAC?

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

MARCH 20, 2024

The panel however agreed that a good balance is to be found, first because not everything should be recorded, but also because a too strict or inefficient record management can lead to a considerable loss of time and productivity. For example, in 2023, there was an institutional appointment by the SCC in 37% of cases.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

OCTOBER 13, 2023

On 29 September 2023, the United Arab Emirates (“UAE”)’s recently published Federal Law No. 15 of 2023 (“Amendment Law”) entered into force, effectively amending Federal Law No. 6 of 2018 On Arbitration (“2018 Arbitration Law”) that was adopted a mere five years earlier.

Balance 64

Balance Corruption IT Integrity 64

Kluwer Arbitration

FEBRUARY 8, 2024

dated December 21, 2023 , the Grand Chamber of the CJEU may have shed a light on its views in this respect. 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

Participation 59

Participation Efficiency Balance IT 59

Kluwer Arbitration

NOVEMBER 28, 2023

In the Award on Jurisdiction , rendered on 26 July 2023, the tribunal rejected jurisdiction over the dispute by adopting the doctrine of the dominant and effective nationality. ” (see Lepoutre/Riva (1998): Nacionalidad y Apatridia, Rol del ACNUR.

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

FEBRUARY 5, 2024

However, the recent 7-judge bench decision issued on 13 December 2023 reversed this finding and held that unstamped or inadequately stamped agreements, while being inadmissible in evidence until stamp duty is paid, do not render the agreements void, void ab initio or unenforceable. The Indian Supreme Court in NN Global held that it did.

Import 52

Import Balance Contract Insurance 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. Significantly, in June 2023, the Arbitrazh Court of St.

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

OCTOBER 20, 2023

On October 2-4, 2023, the Atlanta International Arbitration Society (“AtlAS”) hosted its 12 th Annual Conference, in Atlanta, Georgia, USA. Top 10 Developments in International Arbitration in 2023 The first panel addressed significant developments in international arbitration in 2023. Smagin , 599 U.S.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

NOVEMBER 21, 2023

As the Arbitration and Mediation Act 2023 (AMA) reshapes the legal landscape of dispute resolution in Nigeria, one of its remarkable provisions is the establishment of the Award Review Tribunal (ART). At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

SEPTEMBER 27, 2023

On 20 June 2023, the Australian Centre for International Commercial Arbitration (“ACICA”) launched its Diversity Committee and held a panel discussion on unconscious bias and the effects of assumptions in arbitration. Further details of the initiative can be found here.

Import 40

Import Balance IT Corruption 40