Kluwer Arbitration

FEBRUARY 8, 2024

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. In November 2023, the Ontario Superior Court in Xiamen International Trade Groupe Co., This, in turn, prompts the following question: can such evidence be adduced as of right or must it meet some test? LinkGlobal Food Inc.

Consulting 52

Consulting Participation Corruption Negotiation 52

Kluwer Arbitration

FEBRUARY 16, 2024

This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. The agreements were not drafted, negotiated, or signed by the father or his sons. as licensor and B. as licensee.

Capacity 52

Capacity E-procurement Demand Participation 52

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).

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

FEBRUARY 7, 2024

India ADR Week (“ IAW “) 2023 was hosted by the Mumbai Centre for International Arbitration (“ MCIA “) across three cities – Bengaluru, Delhi and Mumbai. The breadth and diversity of the event set the stage for engaging and insightful discussions on a wide array of topics.

Negotiation 52

Negotiation Corruption Government Government 52

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.

Management 52

Management Negotiation Import Price 52

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 ).

Management 52

Management Efficiency Negotiation Capacity 52

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.

Management 52

Management Corruption Negotiation Import 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 ”.

Management 52

Management Negotiation Corruption Collaboration 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.

Negotiation 52

Negotiation Participation Sustainability Influencing 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 Capacity 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 Capacity Import Corruption 52

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%.

Ethics 52

Ethics Corruption Negotiation Finance 52

Kluwer Arbitration

FEBRUARY 10, 2024

As of March 2023, 155 treaties limit FET to the minimum standard of treatment under customary international law. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. 1) The Protocol’s text as adopted in February 2023 is currently not available to the public.

Balance 52

Balance Negotiation Thresholds Ethics 52

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.

Freight 52

Freight Transportation Transportation Contract 52

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.

Price 59

Price Negotiation Innovation Finance 59

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 Transparency Education 52

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 ).

Efficiency 52

Efficiency Negotiation Buyers Price 52

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.”

Participation 52

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

Sustainability 52

Sustainability Participation Negotiation Corruption 52

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.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

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.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

NOVEMBER 18, 2023

On the first day of the 2023 Seoul ADR Festival , Secretariat Advisors hosted a double feature of panels relating to arbitration costs. The panelists emphasized the advantages of encouraging clients to make such offers specifically for the purpose of recovering costs in the arbitration. More coverage from Seoul ADR Week is available here.

Management 52

Management Data 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.

Negotiation 52

Negotiation Contract Corruption IT 52

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

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.

Transparency 52

Transparency Integration Integrity Government 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.

Import 52

Import Efficiency Negotiation Tender 52

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.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

AUGUST 4, 2024

In 2023, Slovenia and Luxembourg also notified their withdrawal, followed by Spain, Portugal and the UK in 2024. The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.

Insurance 52

Insurance Sustainability Negotiation Price 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.

Balance 52

Balance Negotiation Sustainability Accountability 52

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

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

APRIL 9, 2024

On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. In negotiating with the Commission the ISU should be anxious only to satisfy the former, not the latter. European Commission.

IT 59

IT Management Participation Negotiation 59

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

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.

Efficiency 52

Efficiency Negotiation Innovation 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.

Sustainability 52

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

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

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.

Education 52

Education Efficiency Negotiation Integration 52

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.

Contract 52

Contract Import Negotiation IT 52