Kluwer Arbitration

FEBRUARY 16, 2024

Part II of the 2023 Year in Review: Switzerland post ( see Part I here ) introduces new case law on the enforcement of arbitral awards. Enforcement a) In the Context of the New York Convention Decision 5A_739/2022 (12 October 2023) concerned an award rendered by a tribunal seated in Moscow against the company B. GmbH, amongst others.

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Consulting IT Capacity Corruption 52

Kluwer Arbitration

JANUARY 8, 2024

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. We discuss below the most pertinent commercial arbitration-related developments in the region in 2023. Mexico also hosted the first Mexico Arbitration Week that took place in Mexico City in May 2023.

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Kluwer Arbitration

NOVEMBER 11, 2023

These were only a few of the questions discussed at the DIS40 Autumn Conference 2023 , which took place on 15 September 2023 in Berlin as part of the second edition of the Berlin Dispute Resolution Days (the coverage of the previous edition can be found here and here ).

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Management Efficiency Negotiation Import 52

Kluwer Arbitration

SEPTEMBER 30, 2023

09/2023/HS-PT dated 17 January 2023, where the recognition and enforcement of an award was refused because, among others, the tribunal did not apply Vietnamese law to a non-contractual claim; and (ii) Judgement No. Mr Minh Dang (YKVN) introduced two recent decisions by the Vietnamese courts in Hanoi: (i) Judgement No.

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Import Efficiency Transparency Supply Chain 40

Kluwer Arbitration

DECEMBER 26, 2023

What are some of the watershed moments from your time as director of AIAC and can you please share your thoughts on what it’s like to be back at the helm as of March 2023? One example is the recent modernisation of the Centre’s institutional ADR rules in August 2023. Let’s talk about the revised AIAC Arbitration Rules (2023).

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Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

DECEMBER 2, 2023

On 15 September 2023, the United Arab Emirates (“UAE”) reformed the legal framework governing arbitration. 15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) Under the recently issued Federal Law No. (15)

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Open Contracting Partnership

DECEMBER 8, 2023

Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” It has debarred more than 60 suppliers for violations, and reduced unresolved complaints and canceled tenders.

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Corruption Collaboration Data Public Procurement 71

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. Beyond its initiatives, LACIAC also endeavours to promote and support events aimed at capacity building for local practitioners.

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Capacity Collaboration Networking Strategic Planning 52

Open Contracting Partnership

DECEMBER 12, 2023

In early 2023, 16 more CSOs were brought on board to cover regions that were not covered before, such as in central Uganda. Having formal arrangements through MoUs and building their capacity and understanding has led to good quality monitoring reports that are more actionable for us.” The results The numbers tell a compelling story.

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Kluwer Arbitration

JANUARY 11, 2024

In this capacity, I am dedicated to making a significant contribution to international arbitration, drawing upon my extensive experience to bolster AFSA’s position in the industry. Can you please tell us more about AFSA, its structure, users, and what sort of disputes it generally administers? Thank you, Ms.

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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. Education and capacity-building are a core part of our mandate. Past interviews are available here.

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Capacity Efficiency Collaboration Innovation 52

Kluwer Arbitration

MARCH 16, 2024

On 19 October 2023, the ICC Young Arbitration & ADR Forum (YAAF) hosted a workshop titled “ Navigating the Frontiers of Artificial Intelligence in Arbitration ” in Zurich. According to another study , the numbers remained on a similar level in 2023.

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Ethics Data Integrity Integration 90

Kluwer Arbitration

APRIL 15, 2024

Underscoring this urgency, the 28 th Conference of the Parties of the United Nations Framework Convention on Climate Change (also known as the “Paris Agreement”) (“ COP 28 “), held in Dubai in November 2023, called for ambitious goals. Some oil majors have recently divested their onshore assets in Nigeria.

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Demand Sustainability Capacity Import 52

Kluwer Arbitration

APRIL 22, 2024

On 28 November 2023, Justice Humberto Martins, from the Superior Court of Justice (“STJ”) issued a new decision on the duty to disclose. More recently, and after the arbitration was concluded, he was reported to have served as Previc’s chief attorney from April to November 2023. São Paulo: Revista dos Tribunais, 2023.

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Government Government Capacity Influencing 52

Kluwer Arbitration

FEBRUARY 13, 2024

On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration. The Law imposes certain requirements on domestic arbitration institutions as to their accreditation, organizational structure, governance, and financial capacity (Arts.

Corruption 52

Corruption Import Capacity Contract 52

Kluwer Arbitration

APRIL 1, 2024

Jaime appeared in their personal capacities. In her closing remarks, Ladan Mehranvar pointed out that ISDS cases between 1987 and 2023 reveal that claimants won in only 15% of cases brought against high-income countries, whereas claimants won in 40% of cases against low-income countries. Mr. Bigge and Ms.

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Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

MAY 15, 2024

Most recently, Nigeria enacted the Arbitration and Mediation Act 2023 , thereby incorporating the UNCITRAL Model Law on International Commercial Arbitration into its arbitration legislation. Malawi also modernised its arbitration legislation by adopting the International Arbitration Bill 2023.

Negotiation 52

Negotiation Import Capacity Corruption 52

Kluwer Arbitration

JULY 7, 2024

It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).

Education 52

Education Efficiency Integrity Integration 52

Kluwer Arbitration

DECEMBER 7, 2023

In August 2023, the Institute for Transnational Arbitration (“ITA”) published the “Final Report and Recommendations of the ITA Caribbean Task Force” (“ Report ”). Arbitration Initiatives Underway Many different initiatives are underway in the region to build capacity and to promote good international arbitration practice.

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IT Education Influencing Finance 52

Kluwer Arbitration

AUGUST 4, 2024

In 2023, Slovenia and Luxembourg also notified their withdrawal, followed by Spain, Portugal and the UK in 2024. This post reflects the views of the author in her personal capacity only and not necessarily those of Italy of which she currently acts as representative at UNCITRAL WG III and OECD.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

JUNE 23, 2024

Article 6 deals with general technical assistance and “capacity building”, such as advice on dispute prevention, trainings, seminars, exchange of experience and serving as a repository of information. The advisory centre is billed as a response to these concerns. 63), instead situating the two pillars on the same plane.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

MARCH 4, 2024

On 8 September 2023, a tribunal comprising Prof. A decision on interpretation and correction of the award followed on 6 November 2023. A decision on interpretation and correction of the award followed on 6 November 2023. Ricardo Ramírez Hernández (President), Prof. John Gotanda and Prof. Bolivia ( PCA Case No.

Finance 52

Finance IT Capacity Corruption 52

Kluwer Arbitration

MARCH 24, 2024

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

Supply Chain 52

Supply Chain Demand Price Insurance 52

Kluwer Arbitration

FEBRUARY 25, 2024

As of 1 June 2023, the Agreement on a Unified Patent Court ( UPC Agreement ) has entered into force, marking a milestone in the enhanced cooperation among 17 EU Member States. This piece deals with the recently established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC).

Contract 52

Contract Capacity Corruption IT 52

Kluwer Arbitration

NOVEMBER 29, 2023

Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the IWT has resurfaced as the epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“ PCA ”), with an Award on Competence having been rendered on July 6, 2023. This post examines this Award on Competence.

Negotiation 52

Negotiation Participation Import IT 52

Kluwer Arbitration

APRIL 28, 2024

On 28 December 2023, the Supreme Court of the Commonwealth of the Bahamas (the “Court” ) delivered a consolidated judgment in Gabriele Volpi v. Delanson Services Limited & 2 others and Delanson Services Limited v. 91 of the Trustees Act.

Distribution 52

Distribution Capacity IT Corruption 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.

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Balance Transparency Negotiation Government 52

Kluwer Arbitration

APRIL 3, 2024

Significantly, in June 2023, the Arbitrazh Court of St. 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

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

APRIL 1, 2024

This growth trajectory underscores the confidence and trust the global legal community places in AFSA’s capacity to manage intricate international disputes. Analysing the sector-specific trends in arbitration from 2017 to 2023 reveals a dynamic shift in the nature of disputes being addressed.

Ethics 52

Ethics Influencing Integrity Integration 52

Kluwer Arbitration

DECEMBER 1, 2023

On 28 July 2023, the Constitutional Court rendered judgement No. Article 13 of the COPCI provides the elements of an investment: i) flow of resources; ii) that produce goods and services; iii) that expand production capacity; and iv) create jobs. 2-23-TI/23 (“Decision”).

Contract 52

Contract Capacity Utilities Corruption 52

Kluwer Arbitration

NOVEMBER 1, 2023

While AI is known for its capacity to analyze vast amounts of data, it currently lacks the capability to fully grasp the intricacies and nuances of these contexts in the way that a human expert can. The lawyer had a sanctions hearing in June 2023, after which the judge found that the lawyer acted in bad faith and imposed sanctions.

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Kluwer Arbitration

SEPTEMBER 26, 2023

On 24 March 2023, the Metaverse Dispute Resolution Colloquium was organised by the Digital Law Center (University of Geneva), the Geneva Center for International Dispute Settlement (CIDS) and MetaverseLegal to explore selected legal issues arising from disputes in/about the metaverse.

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Electronics Contract Capacity Corruption 40

Kluwer Arbitration

FEBRUARY 2, 2024

In June 2023 the Paris Cour d’appel annulled exequatur of the preliminary award. He advises and appears for Malaysian State entities in arbitral and litigation matters and is involved in a limited capacity in the Sulu dispute. That court has also stayed execution of the final award over Malaysia’s set-aside application.

IT 52

IT Capacity Government Government 52

Kluwer Arbitration

DECEMBER 12, 2023

Does the insolvent party retain capacity to arbitrate and to appear in the proceedings? 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

Negotiation 52

Negotiation Capacity Government Government 52

Open Contracting Partnership

MARCH 5, 2024

Over our last strategy from 2019-2023, we estimate that our work had an indirect positive impact on an estimated 209 million lives and US$116 billion dollars of public spending. Our bold new target firmly centers our work on this theme for the next six years. Open contracting has been the gift that keeps giving.

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Procurement E-procurement Public Procurement Sustainability 84

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. Since March 2023, the ecosystem has been operating in pilot mode in English and Ukrainian.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. In this post, we examine this shift in the UAE courts’ perception of arbitration by reference to two judgments of the Dubai Court of Cassation (“CoC”), namely, Case No. Dubai CoC Case No.

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Distribution Thresholds Contract Negotiation 52