Kluwer Arbitration

MAY 5, 2024

The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). Subramanian , looked at the state of ISDS in 2024. ISDS in 2024 The Current State of ISDS: A State’s Perspective Justice V. Sundaram (Senior Advocate), J.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

NOVEMBER 16, 2024

Security for costs –– a balancing act Following welcome remarks from Caroline Falconer, Secretary General of the SCC, Dr Baltag introduced the topic of security of costs as being one of the timely topics currently addressed in international arbitration. Stockholm University and member of the Board of the SCC.

Balance 52

Balance Thresholds Accountability Influencing 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

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 ).

Efficiency 52

Efficiency Sustainability Quality Management 52

Kluwer Arbitration

NOVEMBER 5, 2024

Albatros airlines—see here (judgment 29 Feburary 2024), here (judgment 26 March 2024), and here (judgment 14 June 2024)). Following the issuance of the arbitral award, 111 moved to have the Florida courts confirm the arbitral award, which took place by order of 19 January 2024. Alianza Glancelot C.A.

Balance 52

Balance Engineering Procurement IT 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 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

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

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

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

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.

Influencing 52

Influencing Transparency Efficiency Balance 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

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

NOVEMBER 15, 2024

This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. Methodologies for Restoring the Economic and Financial Equilibrium of Contracts In an panel moderated by Mr. Pedro Martini , the discussion focused on the possibility of restoring contractual balance.

Media 52

Media Influencing Balance Transparency 52

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

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

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

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 Corruption Manufacturing IT 52

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 IT Corruption 69

Kluwer Arbitration

NOVEMBER 15, 2024

On October 14, 2024, CAM-CCBC hosted the XI edition of its Arbitration Congress in São Paulo. He presented an overview of the institution’s recent achievements: 100 new arbitrations in 2024 alone, and a significant partnership with JusMundi to publish selected arbitration awards—more on that later.

Negotiation 52

Negotiation Efficiency Import Integration 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

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

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 74

E-procurement Public Procurement Capacity Procurement 74

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

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

SEPTEMBER 23, 2024

As mentioned at the opening ceremony in March 2024, the Vis Moot has changed the professional and personal lives of countless mooties, in addition to becoming a staple event on the arbitration calendar. How do you balance the multiple competing demands on your time? However, the Vis Moot has achieved much more than just its goals.

Supply Chain 52

Supply Chain Supplier Balance Participation 52

Kluwer Arbitration

MARCH 25, 2024

On Monday 18 March 2024, ESSEC Business School and EFILA co-organized a panel discussion within the framework of the Paris Arbitration Week (“PAW”) 2024, discussing the interactions between Human Rights, Environmental, Societal and Governance (“ESG”), Civil Society and investment arbitration. The event was hosted by Prof.

Balance 52

Balance Export Sustainability Import 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 IT 52

Kluwer Arbitration

SEPTEMBER 6, 2024

This year’s 36th Annual ITA Workshop (held in Austin, Texas on June 19-21, 2024) did exactly what it said on the tin: It provided the audience with truly “Global Perspectives on Due Process in International Arbitration.” Co-chaired by Christian Leathley , Anne Véronique Schlaepfer , and Prof.

Participation 52

Participation Import Balance Corruption 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

Kluwer Arbitration

OCTOBER 15, 2024

On 15 October 2024, Norton Rose Fulbright hosted a breakfast panel discussion on the topic of “ Hot Cakes and Hot Takes: Trends and Developments in Asia’s Energy Sector ” in Brisbane as part of Australian Arbitration Week. More coverage from Australian Arbitration Week is available here.

Price 59

Price Negotiation Finance Accountability 59

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

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