Kluwer Arbitration

DECEMBER 23, 2023

The third edition of the annual Uzbek Arbitration Week (UzAW 2023), held in Tashkent, Uzbekistan between 10-15 September 2023, continued its mission to establish Uzbekistan as the preferred seat for arbitral proceedings in the CIS region and beyond. This post provides an overview of the key highlights from the event.

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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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Kluwer Arbitration

JUNE 9, 2024

Rightly or wrongly there is always room for an uneasy fear that there might have been some improper influence affecting the mind of the judge where he lacks independence. The independence of the judiciary is not an empty principle which can be forgotten simply because one thinks that a correct conclusion has been reached.

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Kluwer Arbitration

DECEMBER 30, 2023

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. The influence of counsel was often more discernible in written witness statements than oral evidence. skiljeförfarandedagen ) at the historic Central Post Office Building (Sw.

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Kluwer Arbitration

DECEMBER 28, 2023

The Draft Code of Conduct for Arbitrators in International Investment Disputes was adopted by UNCITRAL in July 2023. This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. It has been prepared to address the major concerns in investment disputes and ensure reform of the ISDS system.

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Thresholds Influencing Corruption IT 95

Kluwer Arbitration

SEPTEMBER 30, 2023

Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability. They further predicted an uptick in construction, ESG, and technology disputes across these regions.

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Kluwer Arbitration

JUNE 7, 2024

The outcome of these cases will significantly influence the role of sanctions in arbitration and reshape the broader legal framework that governs these disputes. Judicial Developments Ongoing legal proceedings in the UK and beyond highlight the evolving landscape of sanctions in arbitration.

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Kluwer Arbitration

JULY 30, 2024

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These changes have profound political, economic, and societal implications.

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Kluwer Arbitration

SEPTEMBER 2, 2024

The Arbitrator issued two awards: a Liability Award on November 24, 2023, and Costs Award on January 10, 2024, in the Applicant’s favour (together the “ Award ”). There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator.

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Kluwer Arbitration

JANUARY 31, 2024

In April 2023, Sir Geoffrey Vos, Master of the Rolls of England & Wales gave the annual McNair Lecture when he spoke on the future of London as a pre-eminent dispute resolution centre. Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve.

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Kluwer Arbitration

AUGUST 23, 2024

22-mc-80313-VKD, 2023 U.S. June 5, 2023 ), the court ruled that arbitration was proper for the parties. Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. In Fujitsu Semiconductor Ltd. Cypress Semiconductor Corp., LEXIS 97717 (N.D.

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Electronics Influencing Import Corruption 59

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).

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Corruption Contract Sustainability Import 40

Kluwer Arbitration

JANUARY 22, 2024

The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. This understanding may influence the way courts interpret the parties’ agreement in cases of doubt. 815 of 2022.

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Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.

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Kluwer Arbitration

DECEMBER 15, 2023

The divergent conclusions reached in these decisions invite an analysis of the principled bases of this remedy and how they influenced their outcomes. On 11 October 2023, the Court of Appeal published its full reasons for allowing an appeal from Bright J’s judgment, in Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA 1144 ( DBAG ).

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Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage. 34 of 2021 (“ Decree No.

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Kluwer Arbitration

APRIL 1, 2024

Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.

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Kluwer Arbitration

JUNE 5, 2024

Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit. Complementing this, the Commercial Transactions Law addresses specific commercial activities.

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Kluwer Arbitration

APRIL 1, 2024

Analysing the sector-specific trends in arbitration from 2017 to 2023 reveals a dynamic shift in the nature of disputes being addressed. The event also delves into technology’s influence on arbitration, challenges in award enforcement, and the dynamics of international treaty arbitration from an African perspective.

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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 ”). There is also the influence of the socialist legal tradition on the legal system in Cuba. The Task Force, when the Report was published, consisted of Calvin Hamilton and Hon.

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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. The availability of ISDS significantly influences investors’ decisions. At least not explicitly. The same holds true for IIAs, which are state-to-state endeavors.

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Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. From 2009 to 2017, a total of 21 international arbitrations were registered. Recent rulings further affirm this commitment.

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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. She traced its evolution from wood and coal (e.g.,

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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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Kluwer Arbitration

JULY 22, 2024

In a recent 2023 survey (“‘Fair’ and ‘Equitable’ Treatment Provisions in Investment Treaties; A Large-Sample Survey of Treaty Provisions”) the OECD found 51 of these treaties (covering a total of 136 bilateral relationships). Recently in the IC Power case, decided under the Peru-Singapore FTA , the tribunal also took that position (paras.

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Kluwer Arbitration

MARCH 21, 2024

The ICC’s statistics for 2023 have yet to be published. However, receiving an extended OFAC license in 2023 covering certain sanctions against Russia has greatly facilitated the ICC’s administration of these cases and allowed them to proceed. of the ICC’s total caseload.

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Kluwer Arbitration

MARCH 20, 2024

For example, in 2023, there was an institutional appointment by the SCC in 37% of cases. Looking at the ICC, also in 2023, the arbitrators were nominated by the ICC Court in 27% of cases, whereas the parties did so in 73% of cases. A few statistics about the practice that different institutions follow were provided.

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Kluwer Arbitration

JUNE 7, 2024

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. In keeping with the ethos of LIDW, the discussion covered funding with respect to both arbitration and litigation.

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Kluwer Arbitration

OCTOBER 1, 2023

On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “ Clash of Cultures – Exploring the Impact of Culture on Advocacy in International Arbitration ”. Third, having a culturally diverse tribunal facilitates a deeper understanding of the conduct of the parties during the arbitration.

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How to Crack a Nut

MARCH 10, 2023

And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). Public procurement is thus increasingly expected to play a crucial gatekeeping role in the adoption of digital technologies for public governance and the delivery of public services.

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Kluwer Arbitration

DECEMBER 9, 2023

As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. A broad audience of attorneys, in-house counsel, arbitrators, experts, and students packed the auditorium for the ICC Conference in Salvador.

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Kluwer Arbitration

APRIL 3, 2024

Significantly, in June 2023, the Arbitrazh Court of St. It observed that the claimant, who was sanctioned by the EU, would not receive a fair trial at the HKIAC due to the UK’s historical influences over Hong Kong’s legal system and the role British and European judges played in the city’s judiciary.

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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.

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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.

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Kluwer Arbitration

SEPTEMBER 22, 2023

On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). Finally, the PCA’s positive influence in countries where they have established an international office is not to be understated.

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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”).

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Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

MARCH 12, 2024

15 of 2023 (Amending Certain Provisions of Federal Law No. 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 Recent amendments to Federal Law No.

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