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.

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Influencing Participation Efficiency Transparency 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

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 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.

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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

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

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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.

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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 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.,

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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

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.

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Balance Efficiency IT Corruption 69

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

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.

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Balance Corruption Manufacturing IT 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

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 Impact Assessment Participation IT 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 68

E-procurement Public Procurement Capacity Sustainability 68

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.

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Participation Import Balance Corruption 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

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 Impact Assessment Participation IT 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.

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Quality Management Collaboration Balance 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.

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Transparency Purchasing Balance Corruption 59

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.).

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Balance Quantity Corruption IT 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

AUGUST 28, 2024

14,879/2024 modified the wording of s1 and added a new s5, limiting party autonomy in executing EJAs. This approach arguably struck a sensible balance between party autonomy and due process considerations. The recently enacted Law No.

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Contract Balance Import Utilities 52

Kluwer Arbitration

SEPTEMBER 3, 2024

On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. In the arbitration context, the Silicon Valley Arbitration and Mediation Center recently published their Guidelines on the Use of Artificial Intelligence in Arbitration in April 2024.

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Efficiency Ethics Negotiation Participation 52

Inter-American Development Bank

JULY 18, 2024

These topics were the focus of a three-day Regional Seminar on International Taxation, held in Brasilia on June 11-13, 2024, which marked a significant milestone in the work of the Inter-American Development Bank (IDB) and its partners in helping Latin America and the Caribbean (LAC) address critical tax policy challenges.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

FEBRUARY 21, 2024

On February 2, 2024, the United States filed an amicus brief (the “Amicus”) responding to a request from the United States (“US”) Court of Appeals for the DC Circuit to provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain.

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Thresholds IT Balance Government 52

Kluwer Arbitration

APRIL 29, 2024

On April 9, 2024, the European Court of Human Rights (“Court” or “ECtHR”) delivered its highly anticipated ruling in Verein KlimaSeniorinnen Schweiz and Others v. Two other climate-related cases that were decided the same day— Duarte and Others v. The same could soon be said of investment tribunals.

Thresholds 52

Thresholds Balance IT Corruption 52

Kluwer Arbitration

JANUARY 14, 2024

The Cairo Regional Centre for International Commercial Arbitration (“ CRCICA ”) issued its latest set of Arbitration Rules 2024 (“2024 Rules”), which enter into force from 15 January 2024. The 2024 Rules are presently available in English and Arabic , with a French version expected to be made available soon.

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Transparency Efficiency Contract 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 ).

Efficiency 52

Efficiency Sustainability Quality Management 52

Kluwer Arbitration

FEBRUARY 10, 2024

In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” The cited document is the January 2023 draft version of the Protocol.

Balance 52

Balance Negotiation Thresholds Ethics 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

APRIL 20, 2024

The other group suggested enhancements and more pronounced checks and balances of the existing arbitration system. There are also several attempts to enforce intra-EU awards in the United States and courts in the US will be issuing judgments in 2024. This is not merely a European issue. Loukas Mistelis, Co-Editor-in-Chief Prof.

Ethics 52

Ethics Balance Corruption Transparency 52

AWS Public Sector

JULY 31, 2024

Workers should also mitigate vendor lock-in that could reduce future competitiveness for public sector deals, analyze total cost of ownership against multi-year budgets, and factor support for domestic innovation ecosystems into procurement decisions to balance globally leading solutions with national economic interests.

Data 66

Data Government Government Demand 66