Kluwer Arbitration

MARCH 24, 2024

On the second day of the 2024 Paris Arbitration Week (“PAW”), Addleshaw Goddard hosted another roundtable event titled “Evolving Perspectives on the Right to Regulate: Shaping Investment Treaty Arbitration.” However, Kaldunksi noted a fundamental tension between the RTR and investor protection under Bilateral Investment Treaties (“BITs”).

Balance 52

Balance Corruption IT Management 52

Kluwer Arbitration

DECEMBER 14, 2024

This article therefore discusses the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and provides some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome. All prospective contributions should be in accordance with the guidelines set out here.

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

OCTOBER 7, 2024

Following the morning session of the SIAC Symposium 2024, which explored issues including the challenges posed by artificial intelligence (“AI”), climate change, and trade disruption (see Part 1 ), the afternoon session consisted of three plenary panel discussions that delved into the core issues shaping the future of arbitration.

Ethics 52

Ethics Balance Import Integrity 52

Kluwer Arbitration

FEBRUARY 29, 2024

Today, concurrent with the 75 th anniversary of the Netherlands Arbitration Institute (“NAI”), the new 2024 NAI Arbitration Rules (the “NAI Rules”) will enter into force and be applicable to NAI arbitrations filed on or after 1 March 2024. Hetterscheidt, LinkedIn post, February 2024 ).

Sustainability 52

Sustainability Efficiency Quality Management 52

Kluwer Arbitration

AUGUST 10, 2024

The Law Commission instead proposed a series of targeted amendments, which are due to be implemented in legislation during the course of 2024. To restore balance, the commentary advocates for a framework guided by the police powers doctrine, enriched by the principle of proportionality.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

JUNE 8, 2024

Fast forward to 2024, and the contrast is striking. Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration. The videos from the ICCA Congress 2024 Hong Kong will be soon available in the ICCA website.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

JULY 12, 2024

The fifth edition of the Bucharest Arbitration Days (“BArD”) took place on 6 and 7 June 2024. Ziyaeva discussed the UK’s use of anti-suit injunctions to enforce arbitration agreements, highlighting the UK Supreme Court’s April 2024 decision in Unicredit v. The general consensus? Mission accomplished.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

JUNE 5, 2024

He called for a balance between leveraging new technologies and preserving the integrity and fairness of the arbitration process. In particular, Mr. Paulsson highlighted the need for practitioners to show that they are not profit-driven and profiting from injustice.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

MARCH 20, 2024

On 19 March 2024, as part of the 8 th edition of Paris Arbitration Week, the Comité Français de l’Arbitrage (CFA) organized a much-awaited and well-attended event on Arbitration, Sports Law and the Olympics, only a few months before the opening ceremony of the Olympic Games Paris 2024. This does not cover field of play matters (i.e.,

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JULY 14, 2024

The 38th AAA-ICDR-ICC-ICSID Joint Colloquium on May 21, 2024 at the World Bank Headquarters in Washington, D.C. The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. The case, thus, represented an unfair arbitral result.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

JUNE 8, 2024

On 6 June 2024, Hogan Lovells and Twenty Essex co-hosted a London International Disputes Week (“LIDW”) event on the topic “ How Can Investment Protection Contribute to the Energy Transition? “ The event brought together leading experts to discuss the intersection of investment law and the global shift towards sustainable energy.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

AUGUST 15, 2024

Second, in the case in which the principle of independence and impartiality collides with another principle, I advocate the use of balancing. First, I propose a multi-step model that allows us to analyse a specific case.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

AUGUST 12, 2024

This paper considers the prevailing approaches taken across different jurisdictions and ultimately proposes an alternative approach for common law to strike a better balance among all competing interests.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

MARCH 2, 2024

This article thus calls for a critical evaluation of the de novo standard with a view to developing a more balanced system that would pay due regard to the competing goals of efficiency and legitimacy of the arbitral process.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

APRIL 1, 2024

As part of the 2024 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Amplifying the Voices of Developing States in ISDS Reform.” Her remarks underscore the need for reforms that actually address the real disparities and ensure a more balanced and equitable resolution of investment disputes.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

APRIL 13, 2024

Columbia Arbitration Day (“CAD”) was held on 1 March 2024 at the Skyline Level of Columbia’s Faculty House. Kudrna added that the Czech Republic recently faces new challenges connected with climate change and the developing economies’ balance between compliance with international norms and treaties (e.g.,

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

JUNE 9, 2024

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382 , the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”). The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

MARCH 31, 2024

The Supreme Court decision of January 24, 2024 granted the exequatur of a foreign arbitration award and authorized it to be enforced in Chile (the “Decision”). The seat of the arbitration was Singapore. Furthermore, it argued that the termination agreement rendered void the Contract that did contain the arbitration clause.

Buyers 52

Buyers Balance Price Contract 52

Open Contracting Partnership

FEBRUARY 1, 2024

We are also very pleased that we achieved one of the closest gender balances in survey responses last year, closing the gap between Men and Women from a 22% differential in 2022, to an 11% differential in 2023. Across the last five years, this puts us at an average of Net Promoter 82, exceeding our strategy cycle target of 80.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

AUGUST 6, 2024

It subsequently set out its reasons in a procedural order published on April 9, 2024, concluding that a suspension of the proceeding was ‘unwarranted and unjustified’. Following the Claimant’s Observations , the Tribunal informed the disputing parties that it decided to reject the request in a letter dated December 31, 2023.

Balance 69

Balance Efficiency Corruption IT 69

Kluwer Arbitration

MARCH 20, 2024

The panel however agreed that a good balance is to be found, first because not everything should be recorded, but also because a too strict or inefficient record management can lead to a considerable loss of time and productivity.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

DECEMBER 13, 2024

A key piece of this transformation came on 11 August 2024, when the Saudi Ministry of Investment (MISA) introduced an updated Investment Law under Royal Decree No. (M/19) M/19) Investment Law 2024-1446 (New Law), replacing the foreign investment law from Royal Decree No. (M/1) M/1) 5/1/1421H (Old Law). Notably, Article 4.1

Balance 52

Balance Corruption Transparency Import 52

Kluwer Arbitration

MAY 2, 2024

In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 (“ Carmichael v BBC ”), the High Court of Australia (“High Court”) upheld a stay of proceedings in the Federal Court of Australia (“Federal Court”) in favour of a London Maritime Arbitrators Association (“LMAA ” ) arbitration seated in London.

Balance 52

Balance Manufacturing Corruption IT 52

Kluwer Arbitration

DECEMBER 12, 2024

On 8 November 2024, the Roma Tre-UNIDROIT Centre for Transnational Commercial Law and International Arbitration held its first Annual Conference , titled The Many Shades of Climate Change: Through the Lenses of Dispute Settlement, at the Bank of Italys Carlo Azeglio Ciampi Convention Centre, Rome.

Finance 52

Finance Sustainability Balance Export 52

Kluwer Arbitration

JULY 26, 2024

23-30171, 26 March 2024 Juan Manuel Poggio Aguerre, King & Spalding LLP, ITA Reporter for the United States of America This case concerns the enforceability of an arbitration agreement through equitable estoppel. Republique d’Inde v. Société Campus ESG SARL v. Global Institute Inc. AA e BB v. A…Companhia de Seguros S.A.,

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

FEBRUARY 19, 2024

The final texts of the Codes were recently issued in February 2024 ( see the final texts of the Code for Arbitrators here and for the Code for Judges here ). For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

DECEMBER 24, 2023

The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. Brower II’s Investment Treaties in Times of Crisis: Balancing National Interests and the Rule of Law , Loukas Mistelis’ Is Arbitration Changing? We wish you an excellent 2024, with peace, health, and joy! 2023 was a very generous year, indeed.

Quality 59

Quality Management Collaboration Balance 59

Kluwer Arbitration

MAY 22, 2024

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

MAY 24, 2024

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

OCTOBER 17, 2024

On 17 October 2024, during the Australian Arbitration Week 2024, a distinguished panel of experts convened to discuss the current state and future prospects of international arbitration in the Pacific. This concludes our coverage of Australian Arbitration Week 2024. Fiji’s international Arbitration Regime—A Trailblazer?

Capacity 52

Capacity Balance Import Corruption 52

Kluwer Arbitration

MAY 12, 2024

Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).

Balance 52

Balance Quantity Corruption Quality 52

Kluwer Arbitration

APRIL 24, 2024

The Oral Argument On February 28, 2024, a panel of three judges for the U.S. In other words, the court’s inquiry appears to be directed into balancing between judicial power to resolve international disputes and political questions that are decided through diplomatic channels. against the rights of investors inscribed by the ICSID.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

APRIL 5, 2024

On the 7 th of March, Wolters Kluwer hosted a webinar to mark the launch of the book Investment Arbitration and Climate Change , edited by Anja Ipp and Annette Magnusson (co-founders of Climate Change Counsel) and published by Wolters Kluwer in January 2024.

Balance 52

Balance Capacity Corruption Efficiency 52

Open Contracting Partnership

AUGUST 14, 2023

The system will be scaled during 2024. 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. While this is an ambitious plan, the need is compelling.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

SEPTEMBER 25, 2024

On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. Applying this test, the majority was not satisfied that the NPS qualifies as a de facto State organ based on a balanced analysis of several factors (M.496). and Mason Management LLC v. Republic of Korea (PCA Case No.

Corruption 52

Corruption Budget Management Balance 52

Kluwer Arbitration

SEPTEMBER 27, 2024

From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this year’s Conference was “Arbitration and Infrastructure.” How Can Arbitration Contribute to Environmental Protection?

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

AUGUST 25, 2024

In Mordchai Ganz v Petronz FZE and Abraham Goren [2024] EWHC 1011 (Comm ), the Court published an un-anonymised and un-redacted judgment concerning challenges to an arbitration award. In other words, although a balancing test is applied to determine the question, the starting position weighs towards publication.

Transparency 59

Transparency Purchasing Balance Corruption 59