Kluwer Arbitration

DECEMBER 3, 2023

On November 16, 2023, during the 5 th annual New York Arbitration Week , DLA Piper hosted a double feature event focused on the effective management of risks and disputes in the context of M&A transactions. The panelists were also skeptical that arbitration could be used to force a counterparty to close a deal.

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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 Capacity 52

Kluwer Arbitration

OCTOBER 19, 2023

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “ Investor Information Rights: All Bark and No Bite? Issues to Consider During Negotiations Statutory Rights Ms. This concludes our coverage of Hong Kong Arbitration Week 2023. Managing Their Effectiveness ”.

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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.

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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.

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Kluwer Arbitration

MARCH 9, 2024

Key cases around enforcement include CEF and CEG v CEH [2022] SGCA 54 , CVG v CVH [2022] SGHC 249 (as covered in a previous blog post ) and CZD v CZE [2023] SGHC 86. It is noteworthy that more recent analysis in this 2023 blog post showed that the enforcement rate for applications made between 2012 and 2022 had reached 91%.

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Kluwer Arbitration

AUGUST 7, 2024

Since the negotiations turned out unsuccessful, the Claimant filed with the RAC to recover the debt under the contract and the late payment interest under the Thailand Civil and Commercial Code. Consorcio Consultor Morrope (CCM) v. Claimant v. Respondent (Award), RAC Case No. Claimant v. Respondent (Award), RAC Case No. Claimant v.

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Kluwer Arbitration

NOVEMBER 17, 2023

However, taking a step back, if the award merely required the respondent to compensate the claimant with bitcoins or allowed the value of the bitcoins to be determined through parties’ negotiation instead of by reference to the price from a third-party website, would such award be enforceable? As a case in point, in Sun Dingshang v.

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Price Negotiation Innovation Finance 59

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).

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Kluwer Arbitration

MARCH 30, 2024

In Brazil, however, a study coordinated by Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) at Fundação Getúlio Vargas’ Sao Paulo Law School and Canal Arbitragem in 2023, showed that the use of mediation in Brazil has grown in the last 10 years, especially during the pandemic, in 2020 and 2021 (see here ).

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Kluwer Arbitration

SEPTEMBER 26, 2024

In the October 2023 decision of Indian Oil Corporation Ltd v Arcelor Mittal Nippon Steel India Ltd (“ Indian Oil ”), the Delhi High Court refused to refer claims to arbitration as they had been extinguished under a duly approved insolvency resolution plan and were therefore “non-arbitrable.”

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Participation Negotiation Import Corruption 52

Kluwer Arbitration

JANUARY 24, 2024

On 8 December 2023, the International Institute for Conflict Prevention & Resolution and the New York City Bar Association hosted the first Africa Arbitration Day in New York. In February 2023, African states adopted the Investment Protocol during the 36 th African Union Summit in Addis Ababa, Ethiopia. Similarly, Article 46.1

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Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’

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Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

DECEMBER 22, 2023

The “twilight zone” in the context of non-compliance with pre-arbitral requirements or preconditions to arbitration has been expressly addressed by various national courts worldwide (see the blog post here ); most notably perhaps by the recent Hong Kong Court of Final Appeal decision (“ HKCFA ”) of C v D [2023] HKCFA 16.

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Negotiation Contract Corruption IT 52

Kluwer Arbitration

MARCH 20, 2024

One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.

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Tracker Intelligence

FEBRUARY 16, 2025

Strict laws, such as the Procurement Act 2023 and the Public Contracts Regulations, regulate public procurement activities in order to maintain accountability and safeguard public funds. Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers.

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Procurement Tender Public Procurement Supplier 52

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 observed that treaties have to be negotiated like contracts. ISDS in 2024 The Current State of ISDS: A State’s Perspective Justice V.

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Kluwer Arbitration

NOVEMBER 3, 2023

On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 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

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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

OCTOBER 16, 2023

See previous posts here , here , here , and here ) According to HKIAC statistics , by 11 October 2023, HKIAC has issued Letters of Acceptance in respect of 100 applications. As of 13 September 2023, at least 34 arbitral tribunals and 80 parties have benefited from the online case management system.

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Efficiency Innovation Negotiation IT 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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient.

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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. Some argue that these provisions may be detrimental to investors while, simultaneously, not sufficiently ambitious towards States.

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Kluwer Arbitration

JULY 7, 2024

According to its 2021, 2022, and 2023 Annual Reports , ICSID has delivered well over a hundred courses and presentations each year: these include the well-known “ICSID 101”, featuring an introduction to ICSID and general stages of an ICSID arbitration case.

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Kluwer Arbitration

FEBRUARY 27, 2024

On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil v. 8, 2023 [hereinafter, “Mota Engil v. 8, 2023 [hereinafter, “Mota Engil v. 8, 2023 [hereinafter, “Mota Engil v. Sucursal Paraguay v.

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Contract Import Negotiation IT 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. According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved.

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Tracker Intelligence

DECEMBER 30, 2024

Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.

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Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. Dubai CoC Case No.

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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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Kluwer Arbitration

DECEMBER 31, 2023

Early Dismissal In July 2023, the United Nations Commission on International Trade Law adopted a guidance text on early dismissal and preliminary determination. The 2024 Rules mark CIETAC’s further step in regulating third-party funding in CIETAC arbitration cases, which is anticipated to become more common in the future.

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Kluwer Arbitration

OCTOBER 14, 2024

The Arbitral Award, dated 28 September 2023, was rendered in an arbitration between the Portuguese State and CTT – Correios de Portugal, S.A. Sociedade Aberta (the “CTT”) (proceedings no. 01/2022/AHC/ASB) in relation to the long-term concession agreement for provision of postal services in Portugal (the “Concession Agreement”).

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Contract Sustainability Negotiation Import 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations.

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Kluwer Arbitration

DECEMBER 14, 2024

A motion was brought by Uber to stay the proceedings in favour of arbitration in the Netherlands in accordance of their UberEats service agreement signed by the drivers, the terms of service which form part of standard form non-negotiable agreements. 2023 (Singapore: World Scientific Publishing Co Pte Ltd.

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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.

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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.

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Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. Thousands have gathered across Europe to protest against investment treaties like CAFTA , TTIP , CETA , and NAFTA , repelling their arbitration clauses.

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Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. Thousands have gathered across Europe to protest against investment treaties like CAFTA , TTIP , CETA , and NAFTA , repelling their arbitration clauses.

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Balance Transparency Contract Tender 52

Kluwer Arbitration

SEPTEMBER 14, 2024

On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New Zealand Agreement for a Free Trade Area (“AANZFTA”), Singapore-incorporated Zeph filed an application for interim measures including an unusual request.

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