Kluwer Arbitration

JANUARY 21, 2024

The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. In November 2023, law firm Bryan Cave Leighton Paisner LLP published its annual survey, AI in IA: The Rise of Machine Learning.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

FEBRUARY 8, 2024

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Ordinarily, “a party’s participation in a proceeding (including through counsel) would […] evidence that a party had notice of that proceeding” (para.

Consulting 52

Consulting Participation Corruption IT 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.

Insurance 52

Insurance Collaboration Education Participation 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. Decision 4A_486/2022 (26 April 2023) concerned a tennis player (A.) as licensor and B. as licensee. Before the SFSC, A.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Open Contracting Partnership

OCTOBER 11, 2023

To tackle this problem, the country has proposed wide-ranging legislation , including an anti-corruption package with measures to standardize the operations of Mongolia’s state-owned enterprises (SOEs) and ensure they follow consistent rules throughout processes like tendering and procurement, among others.

Data 115

Data Corruption Supplier Media 115

Kluwer Arbitration

DECEMBER 11, 2023

On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Will we see you there?

Ethics 52

Ethics Buyers Participation Efficiency 52

Whistleblower Network News

JUNE 5, 2024

At the Constitutional and Unity Conference in Bangalore in February, participants in a closed-door session on whistleblowing emphasized the need to incorporate human rights defenders and journalists, among other groups, into whistleblower-organizing efforts and a comprehensive whistleblower protection law.

Participation 91

Participation Corruption Accountability Media 91

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.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Whistleblower Network News

DECEMBER 28, 2023

“Interviews with attorneys who participate in the program and a review of SEC decisions — along with court cases challenging some of those decisions — portray a program straining under the weight of its success,” the article states. The article features insights from leading whistleblower attorney and advocate Stephen M.

Corruption 94

Corruption Participation Networking IT 94

Kluwer Arbitration

MARCH 9, 2024

The Regional Arbitral Institutes Forum (RAIF) held the 2023 edition of its annual conference on 10 November 2023 in Bangkok, Thailand. Issues of corruption, investors coming in with unclean hands, as well as investors putting forward inflated claims are also some of the concerns of host states and other stakeholders.

Balance 52

Balance Corruption Participation Utilities 52

Kluwer Arbitration

DECEMBER 5, 2023

On November 17, 2023, Fordham Law School hosted its annual full-day Conference on International Arbitration and Mediation (“CIAM”), titled “ Key Issues in International Dispute Resolution: 2023.” David is an associate at Chaffetz Lindsey LLP in New York and acted as Secretary to the 2023 New York Arbitration Week Organizing Committee.

Ethics 52

Ethics Efficiency Participation Telecommunication 52

Kluwer Arbitration

OCTOBER 26, 2023

On 22 August 2023, the Singapore International Arbitration Centre (“ SIAC ”) published the Draft 7th Edition of the SIAC Rules (the “ Draft Rules ”) for public consultation. The public consultation period remains in effect until 21 November 2023 and comments can be submitted via email to rulesconsult2023@siac.org.sg

Efficiency 59

Efficiency Thresholds Consulting Management 59

Open Contracting Partnership

AUGUST 3, 2023

Introductory course The School of Applied Research in Public Procurement sought to develop participants’ skills in monitoring, research, policy analysis, and promoting public procurement reforms and open contracting in Central Asia, with a vision to improve transparency, accountability and efficiency in the use of public funds.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Import and Trade Remedies

NOVEMBER 30, 2023

On 15 November 2023, the European Public Prosecutor’s Office (“ EPPO ”) uncovered a EUR 200M customs and VAT fraud scheme. The EPPO has the power to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross border fraud.

Impact Assessment 45

Impact Assessment Import Participation Transportation 45

Open Contracting Partnership

DECEMBER 12, 2023

Imagine a world where projects are monitored in real-time, complaints are reduced, and citizens actively participate in shaping their communities. In early 2023, 16 more CSOs were brought on board to cover regions that were not covered before, such as in central Uganda. This has changed,” she says.

Public Procurement 130

Public Procurement Procurement Contract Collaboration 130

Kluwer Arbitration

NOVEMBER 11, 2023

On 14 September 2023, the DIS Autumn Conference “A World Map of Arbitration in the 21st Century – and What to Find in Germany” showcased Germany’s eminent position in the field. This preliminary view was further explored through a survey among the conference participants.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

DECEMBER 5, 2023

On November 15, 2023, during the 5 th annual New York Arbitration Week , White & Case LLP hosted an event covering the possibility of obtaining evidence from non-parties to an international arbitration following the 2022 U.S. District Court for the Southern District of New York The final scenario saw the participants before a U.S.

Automotive 52

Automotive Participation Integrity Integration 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Emotion AI tools could be used during a case management conference or hearing to monitor participants’ level of attentiveness, engagement, confusion, and anxiety in real time. In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

OCTOBER 23, 2023

On 6 September 2023, the Law Commission of England and Wales issued its final report and draft Bill proposing amendments to the Arbitration Act 1996 (the Act ). Alternatively, a non-participating party can apply to the court under s72(1) of the Act for a declaration of lack of jurisdiction or an injunction.

Participation 52

Participation Import IT Corruption 52

Kluwer Arbitration

NOVEMBER 22, 2023

On Friday, 8 September 2023, the International Chamber of Commerce ( ICC ) and the International Court of Arbitration (ICC Court) hosted a panel on the interaction between arbitration and national courts titled “ Arbitration and National Courts – Convergence or Divergence? ” at its headquarters in Paris.

Corruption 52

Corruption Participation Import IT 52

Kluwer Arbitration

JANUARY 25, 2024

2023/PN.Jkt.Sel and Decision No. 2023/PN.Jkt.Sel, both from the District Court of Jakarta Selatan). The problem is, there is no legal obligation for this third party to participate in the arbitration. The importance of the subject matter of the claim has been confirmed by several court decisions (e.g.,

Contract 97

Contract Participation Import Corruption 97

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. countries, are by far the most vocal participants in the discussions. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

OCTOBER 4, 2023

Subsequently, it revised its proposal in the Second Consultation Paper in March 2023 by providing certain guidelines as to how the section 67 challenge should be restricted by acknowledging some measure of deference due to the doctrine of competence-competence. (b)

Consulting 75

Consulting Participation IT Corruption 75

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.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Kluwer Arbitration

MAY 11, 2024

The process for drafting the Guidelines on the Use of Artificial Intelligence in Arbitration was officially announced in July 2023 with a dedicated drafting subcommittee for the AI Task Force comprising renowned arbitration experts. These guidelines will serve as a point of reference for arbitrators.

Integrity 52

Integrity Integration Participation Efficiency 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. Ong highlighted the difficulty of certain international lawyers participating in expert preparation, as their local rules do not permit them to do so. Further, Ms.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

JANUARY 27, 2024

At the end of 2023 we had approximately 150,000 unique visitors each month. A huge success in Edinburgh, the Quiz is a mix of serious and not so serious questions to a select panel of arbitration lawyers and with an active participation of the audience with attractive prizes. Roger: Crina, you joined the Blog in 2012 – 12 years ago.

Corruption 96

Corruption Quality Data Participation 96

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

FEBRUARY 8, 2024

dated December 21, 2023 , the Grand Chamber of the CJEU may have shed a light on its views in this respect. 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 59

Participation Efficiency Balance IT 59

Kluwer Arbitration

JUNE 9, 2024

Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate. Finally, of relevance for the Court was Bubbles & Wine v Lusha [2018] EWCA Civ 468. The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

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. European Commission. The CJEU agreed with the 16 December 2020 judgment of the General Court of the EU (“GCEU”), and with the European Commission in CASE AT.

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

NOVEMBER 19, 2023

The Seoul ADR Festival (“SAF”) 2023 , hosted by the Korean Commercial Arbitration Board (“KCAB”) INTERNATIONAL, was held from 30 October to 3 November 2023. More coverage from Seoul ADR Week is available here.

Efficiency 52

Efficiency Purchasing Data Finance 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. Lee and Savoie both participated in the preparation of a recent report on this topic published by the Young Canadian Arbitration Practitioners (YCAP) and Secretariat.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

OCTOBER 12, 2023

The panel discussed anti-doping, concussion, safe-guarding and transgender participation in sports. However, this may change following the High Court’s consideration of Tesseract International Pty Ltd v Pascale Construction Pty Ltd (Case A9/2023) later this year. Of note was the panel’s discussion on concussion.

Media 52

Media Transparency Participation Import 52

Kluwer Arbitration

APRIL 1, 2024

As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services. Recent rulings further affirm this commitment.

Import 52

Import Efficiency Influencing Integrity 52

Kluwer Arbitration

DECEMBER 16, 2023

In 2023, Brazil reached 94% of renewable production in its electrical matrix. Mr. Erik Franco , General Counsel of Engie Peru, noted that he participated in the elaboration of the ICC Report on Climate Change (also reported here ). In short time, the AI was corrupted by the users and started sending out violent messages.

Insurance 40

Insurance Demand Corruption Supply Chain 40