Kluwer Arbitration

FEBRUARY 8, 2024

In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination ( Clearspring Capital Partners II v. In addition to judicial developments, several initiatives and events enriched 2023. Additional 2023 year in review posts are available here.

Influencing 52

Influencing Logistics Corruption IT 52

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.

Innovation 52

Innovation Import Sustainability Influencing 52

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.

Import 40

Import Efficiency Supply Chain Transparency 40

Kluwer Arbitration

OCTOBER 4, 2024

Recent developments, such as potential statutory adjustments in England and Wales influenced by recommendations from the English Law Commission, underscore the need for clarity in governing law determinations. However, in 2023, the Court of Cassation finally reversed its jurisprudence.

Influencing 52

Influencing Distribution Corruption Evaluation 52

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.

Influencing 52

Influencing Logistics Export Collaboration 52

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.

Efficiency 52

Efficiency Innovation Influencing Management 52

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.

Influencing 52

Influencing Contract IT Corruption 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

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.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

SEPTEMBER 24, 2024

In a decision of 1 June 2023 (Case No. Nevertheless, even if it initially seems that all sanctioned Russian parties have little incentive beyond withdrawing from arbitration agreements to resolve disputes in Russian courts, various factors could influence their decision. 11, 2023 ). On the Application of Art.

Export 52

Export Influencing Contract Utilities 52

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.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

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.

Electronics 59

Electronics Influencing Import Corruption 59

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.

Influencing 52

Influencing Contract Negotiation IT 52

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 ).

Influencing 52

Influencing Balance IT Corruption 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

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.

Ethics 52

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

Sustainability 52

Sustainability Corruption Balance Influencing 52

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.

Import 52

Import Efficiency Influencing Integration 52

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.,

Demand 52

Demand Sustainability Capacity Import 52

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.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 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.

Government 52

Government Government Capacity Influencing 52

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.

Influencing 52

Influencing Finance Distribution Business Strategy 52

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.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

SEPTEMBER 22, 2024

These policy objectives were already reflected in Angola’s National Development Plan for 2018-2022 , and were again reflected in the National Development Plan for 2023-2027. Its focus on sustainability, transparency, and problem-solving represents a new approach that could influence the future of investment agreements worldwide.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

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.

Procurement 52

Procurement Public Procurement Ethics Transparency 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. In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.

Sustainability 52

Sustainability Contract Import Buyers 52

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.

Import 52

Import Ethics Influencing Negotiation 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. 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

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.

Public Bidding 52

Public Bidding Import Demand Bidding 52

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.

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

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.

Import 40

Import Retail Ethics Influencing 40

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

OCTOBER 25, 2024

He shared that Indian parties have consistently ranked among the top foreign users of SIAC for a decade and that, in 2023, Indian arbitrators were the third most appointed nationality at SIAC.

Ethics 52

Ethics Efficiency Import Export 52

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”).

Negotiation 52

Negotiation Supply Chain Education Transparency 52

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.

Efficiency 52

Efficiency Buyers Balance Influencing 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.

Media 52

Media Influencing IT Corruption 52