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

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

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 Corruption IT 69

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

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 Quality 52

Kluwer Arbitration

SEPTEMBER 29, 2023

The Singapore International Arbitration Centre (“SIAC”) held the SIAC Symposium , its flagship conference, during the Singapore Convention Week on 28 August 2023. It focused on the Draft SIAC Rules, for which there is a public consultation until 21 November 2023.

Supply Chain 40

Supply Chain Innovation Accountability Influencing 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

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

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

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

FEBRUARY 29, 2024

Such a requirement has, for example, also been included as part of the revision of the ICC Rules, the VIAC Rules and the Delos Rules in 2021, as well as the AIAC Arbitration Rules in 2023. Fasfalis, NAI Annual General Meeting 2023: A Recap, 23 December 2023 ). 12 May 2023 ). Wilinski, K. Mazoori and G.

Sustainability 52

Sustainability Efficiency Quality Management 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

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

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 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

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

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 Capacity 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

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

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

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 Corruption 59

Kluwer Arbitration

DECEMBER 8, 2023

Therefore, the ‘ Evidence in International Arbitration Report ’ ( Report ) recently released by the Australian Centre for International Commercial Arbitration ( ACICA ) and FTI Consulting on 6 September 2023 will be invaluable for arbitration users looking to test and improve their approach to evidence.

Buyers 52

Buyers Efficiency Balance Influencing 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

SEPTEMBER 27, 2024

Justice Cueva emphasized CBAr’s pivotal role in promoting a dialogue between public and private sectors, citing the 2023 “Arbitration and Judiciary” event at the STJ as an example. He also mentioned the relevance of Law No. This, he argued, underscores the reality of climate change, which is already in progress and largely human-driven.

Sustainability 52

Sustainability Contract Import Buyers 52

Open Contracting Partnership

AUGUST 14, 2023

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. After the launch, the systems were transferred to the balance of the state in the form of a state-owned enterprise.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Tracker Intelligence

DECEMBER 30, 2024

Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes. Procurement Act Social Value 2023 This Social Value Act requires public entities to consider social, economic, and environmental benefits when awarding contracts.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

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

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

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 Corruption IT 40

Kluwer Arbitration

MARCH 2, 2024

On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands (“BVI”) company, Process and Industrial Developments Limited (“P&ID”), against the Federal Republic of Nigeria.

Corruption 52

Corruption Ethics Transparency 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

MARCH 20, 2025

CZU [2023] SGHC(I) 11, which extended the implied obligation of confidentiality to the deliberations of the arbitral tribunal. The article considers the consequences of this network of rules and argues for a balanced approach to confidentiality which allows for exceptions where necessary in the interest of justice.

Management 52

Management Efficiency Evaluation Balance 52

Kluwer Arbitration

DECEMBER 14, 2024

This article therefore discusses the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and provides some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome. 2023 (Singapore: World Scientific Publishing Co Pte Ltd.

Management 52

Management Corruption Negotiation Import 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

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

FEBRUARY 19, 2024

2023 marked a milestone in the reform of investor-State dispute settlement (“ISDS”). This year-in-review post, featuring the perspectives of our contributors from 2023, primarily focuses on the efforts of UNCITRAL Working Group III (“WG III”) in ISDS reform and the adoption of the Codes, and offers a brief status report on ECT modernization.

Balance 52

Balance Negotiation Ethics Import 52