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 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value. 34 of 2021 (“ Decree No.

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Kluwer Arbitration

JANUARY 2, 2024

However, there remains a lack of clarity as to the threshold of proportionality applied. 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

DECEMBER 2, 2023

On 15 September 2023, the United Arab Emirates (“UAE”) reformed the legal framework governing arbitration. 15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) Under the recently issued Federal Law No. (15)

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Kluwer Arbitration

JULY 2, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. decision 4A_486/2023 , para.

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Open Contracting Partnership

JULY 6, 2023

Lithuania aims at 100% green procurement by the end of 2023, and data and technology are at the center of their effort, said Kestutis Kazulis , Principal Advisor on sustainable public procurement (SPP) at the Lithuanian Public Procurement Office. There were many, many more great examples to share.

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Kluwer Arbitration

SEPTEMBER 19, 2024

4A_288/2023 and 4A_572/2023 ). In March 2023, NIOC brought a challenge against the tribunal chair, Laurent Aynès, based on his law firm’s involvement in a separate ICC arbitration, which indirectly involved Iranian state entities, as well as on incomplete disclosures in that regard. The ICC upheld the challenge.

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Kluwer Arbitration

MARCH 24, 2024

Essentially, the SCC reiterated that regional High Courts of Justice generally must not reopen the merits or substance of a dispute, and that cases that meet the public policy threshold are highly exceptional. In particular, the SCC clarified that the provision in Article 37.4 Instead, to determine if the duty in Article 37.4

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Kluwer Arbitration

OCTOBER 1, 2024

In a (further) significant ruling dated 1 June 2023, the Higher Regional Court Berlin ( Kammergericht or the “Court”) reinforced the integrity of arbitration by confirming the admissibility of arbitration to the exclusion of (Russian) state courts ( Case No. 12 SchH 5/22 ). 4 (2024), which is also included on Kluwer Arbitration.

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Kluwer Arbitration

FEBRUARY 6, 2024

Terraform Labs Pte Ltd and others [2023] SGHC 340 recently dismissed an appeal against an Assistant Registrar’s decision denying a stay in favour of arbitration on the basis that the First Defendant had taken steps in the proceedings. Binance Holdings Limited , 2023 ONSC 6714. Securities and Exchange Commission.

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Kluwer Arbitration

JUNE 20, 2024

Instead, it tries to highlight the most significant changes and additions to the draft that has been public since 31 August 2023. In relation to this Guideline, the draft of 31 August 2023 contained two different versions of an obligation to disclose the use of AI in arbitral proceedings (previously discussed here ).

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Kluwer Arbitration

JULY 5, 2024

2023: China First Heavy Industries v. Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing. The Beijing Court then proceeded to review the set-aside challenges brought by the claimant.

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Kluwer Arbitration

FEBRUARY 28, 2024

NHA 2023 CLD 1365. The threshold to challenge an interim award on the basis of its finality is lower in comparison to establishing whether such an interim award is binding or not. This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents.

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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. The recent decisions reinforce the principle that challenging arbitration agreements is an uphill battle with a high threshold, requiring solid and irrefutable evidence. Dubai CoC Case No.

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Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. a negotiation period, time limitations, or excluded disputes).

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Kluwer Arbitration

MARCH 29, 2024

The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm) , as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. 3) [2000] 1 AC 147.

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Kluwer Arbitration

DECEMBER 19, 2024

302 , signed on April 25, 2023. While Article 11b(1)s requirement for a lack of effective access to remedies in a relevant forum could align with the impossibility or unreasonableness criteria under forum necessitatis , it remains unclear whether courts will deem claims under Article 11b(1) to meet the high threshold of forum necessitatis.

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Kluwer Arbitration

DECEMBER 27, 2023

Parties should however expect that a high threshold would apply for the Court finding “ special circumstances “, as in this case, the existence of a novel point (i.e. The English High Court (“ Court “) in Hulley Enterprises Limited and others v.

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Kluwer Arbitration

JUNE 27, 2024

As a preliminary threshold issue, the Proposal and Declaration are based on an assumption (set out in the Explanatory Memorandum, pp 1 and 2) that neither Russia nor Belarus is a Contracting Party to the ECT ( i.e. , that both are third States within the meaning of Article 17).

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Kluwer Arbitration

OCTOBER 25, 2023

After a three-year hiatus due to the pandemic, the much-anticipated third ICC Kuwait Arbitration Day took place at the heart of Kuwait in the Burj Al Shaya Building on 5 October 2023, organised by the ICC in collaboration with Al Tamimi & Company.

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Kluwer Arbitration

FEBRUARY 15, 2024

This is much higher than the threshold for expedited procedures under the DIAC Rules of USD 272,000 and of SAR 4 million (AED 3.9 million) under the SCCA Rules. The final award, in expedited proceedings, is to be rendered within four months from the arbitral tribunal’s receipt of the case file.

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Kluwer Arbitration

FEBRUARY 5, 2024

However, the recent 7-judge bench decision issued on 13 December 2023 reversed this finding and held that unstamped or inadequately stamped agreements, while being inadmissible in evidence until stamp duty is paid, do not render the agreements void, void ab initio or unenforceable. The Indian Supreme Court in NN Global held that it did.

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Kluwer Arbitration

NOVEMBER 20, 2024

Jiménez Pinton framed the issue from the institutional perspective at the ICC, noting that in 2023, 16% of new ICC cases involved a state or SOE, with energy and construction disputes being the most common.

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Kluwer Arbitration

MARCH 2, 2024

On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands (“BVI”) company, Process and Industrial Developments Limited (“P&ID”), against the Federal Republic of Nigeria.

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Kluwer Arbitration

JANUARY 16, 2024

18/14721, 10 January 2023 Nataliya Barysheva and Valentine Chessa, MGC Arbitration, ITA Reporters for France In the Moldova v. Société Stileks Scientific and Production Firm LLC, intervenante volontaire à titre principal pour la Société Komstroy, Court of Appeal of Paris, RG No. Société Kraydon Ltd v. Mme Mehta et autres v.

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Kluwer Arbitration

NOVEMBER 13, 2023

Yet, within this domain, the threshold of seriousness is still largely undetermined and often rests on the opinion of the court. However, all that has ever been said is that they must be serious enough.

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Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. As of March 2023, 155 treaties limit FET to the minimum standard of treatment under customary international law. 1) The Protocol’s text as adopted in February 2023 is currently not available to the public. See Cargill v. Mexico , ICSID Case No.

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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). 128) and that the conduct of the Respondent was arbitrary, using a high threshold (paras.

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Government Contracts Legal Forum

JANUARY 5, 2024

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 , signed into law on December 22, 2023, makes numerous changes to acquisition policy. DODIG–2023–041). Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here.

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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. Managing the Costs of Experts in Arbitration The second panel first addressed the issue of whether there is a threshold of damages that warrants retaining an expert witness.

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Telles.eu

NOVEMBER 7, 2023

With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. But fashionably late it was nonetheless. It was a mess.

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Kluwer Arbitration

DECEMBER 11, 2024

In May 2023, Arbitration C was consolidated with Arbitration A and B (collectively, the Arbitration). On 28 July 2023, the Tribunal issued the third partial award which fixed the final valuation and made orders pertaining to the Second Closing (the Directions).

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Kluwer Arbitration

DECEMBER 10, 2024

In 2023 , Latin American states accounted for 35% of ICSIDs new cases, and Latin American private parties were among the most frequent users of ICC arbitration. This proposed threshold for summary dismissal is the same threshold as in English court proceedings and, therefore, benefits from extensive case law explaining its meaning.

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Kluwer Arbitration

DECEMBER 5, 2024

To be clear, the authors take no firm view on whether the arbitrators conduct in DJO reaches this threshold of severe conduct warranting the disclosure of his name. This is clear from sections 22 and 23 of the Singapore International Arbitration Act. It may well be possible that the decision to redact his name was the correct one.

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Kluwer Arbitration

NOVEMBER 24, 2024

It also highlights the high threshold that must be met to challenge an arbitration award on jurisdictional grounds successfully. 2023 ONCA 245 ) the possibility of such an appeal. Tower-EBC G.P./S.E.N.C. 34 and Arbitration Act, s.46).

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