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.

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Kluwer Arbitration

OCTOBER 21, 2024

Kicking off Hong Kong Arbitration Week 2024, Eversheds Sutherland hosted a thought-provoking panel discussion on “12 Angry Robots and Crowd-Sourced Dispute Resolution – Justice in the Digital Age” on 21 October 2024. Joanne Lau (Secretary-General, Hong Kong International Arbitration Centre), Ms.

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Kluwer Arbitration

MARCH 20, 2024

Allegations of corruption can be made even in the absence of criminal offences. Gabriele Ruscalla cited the example of an arbitral tribunal that was found guilty of corruption for changing the seat of the arbitration. Corruption of arbitrators can take various forms, ranging from bias and conflicts of interest (e.g.

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Kluwer Arbitration

MAY 8, 2024

This is the third post in ICCA series of reports on the ICCA 2024 Congress (“Congress”), which took place in Hong Kong. This post reports on the events of Tuesday, 7 May 2024, the second full day of the Congress. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

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Kluwer Arbitration

DECEMBER 14, 2024

LECTURE Emilia ONYEMA, Corruption, Access to Arbitration for Local Communities: Mitigating the Cost of Corruption and Providing Access to Justice for Local Communities A written reflection of CIArbs 2024 Roebuck Lecture, this paper, in the context of the Nigeria v.

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Kluwer Arbitration

JULY 12, 2024

The fifth edition of the Bucharest Arbitration Days (“BArD”) took place on 6 and 7 June 2024. Ethics and Conflicts in International Arbitration Panel 1 was moderated by Julie Bedard. It set out to highlight recent critical developments in international arbitration. The general consensus? Mission accomplished.

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Kluwer Arbitration

JUNE 5, 2024

Mr. Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit.

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Government Contracts Legal Forum

AUGUST 9, 2024

On August 1, 2024, Deputy Attorney General Lisa Monaco unveiled the Department of Justice’s new Corporate Whistleblower Awards Pilot Program. The announcement marks the conclusion of the Department’s previously announced “sprint” towards a pilot program, as DAG Lisa Monaco first previewed back in March of this year.

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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.

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Kluwer Arbitration

OCTOBER 16, 2024

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte. What Ethical Considerations Arise? Parties should not lose sight of this essential function.

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Kluwer Arbitration

JUNE 7, 2024

This post summarizes an event hosted by Stewarts LLP as part of the 2024 London International Disputes Week (“LIDW”) on the topic of third-party funding (“TPF”) regulation across various jurisdictions.

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Kluwer Arbitration

MAY 11, 2024

It requires that parties and their representatives ensure AI-generated submissions are accurate and meet ethical and professional standards. Guideline 4 emphasizes the importance of diligence and competence when using AI tools in arbitration.

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Kluwer Arbitration

OCTOBER 25, 2024

The Singapore International Arbitration Centre (“SIAC”) hosted its Annual India Conferences in Mumbai and Delhi on 6 and 7 September 2024. Lastly, he underscored the necessity of upholding the values of the legal profession by promoting and enforcing a consistent understanding of ethical values and principles. in the draft 7th ed.

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Kluwer Arbitration

DECEMBER 5, 2023

Ethical Dilemmas Arising in Mediation Following brief opening remarks by Edna R. The panelists offered their reactions to these diverse ethical dilemmas, drawing on their experience to offer views from counsel and mediator perspectives. Walters (Chaffetz Lindsey) as panelists to share their perspectives.

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Kluwer Arbitration

APRIL 1, 2024

The Arbitration Foundation of Southern Africa (AFSA) will be hosting the first Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in Johannesburg, South Africa, from 9 to 11 April 2024. Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it.

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Kluwer Arbitration

DECEMBER 11, 2023

Practically, current issues of consistency and reliability can already be mitigated by human review; experienced lawyers can and obviously should review AI-generated text, just as they already do with work prepared by junior members of their teams, in compliance with their professional, ethical duties.

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Kluwer Arbitration

JUNE 20, 2024

After more than a year of preparation, including a six-month comment period, the Guidelines were published on 30 April 2024 and have been tailored to the needs of the international arbitration community. laws, treaties, domestic statues, ethical rules, etc.) These have previously been briefly discussed here , here and here.

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Kluwer Arbitration

MARCH 9, 2024

Dr. Björn Etgen (GvW Graf von Westphalen) discussed how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2024 mark a significant step towards the modernisation of arbitration in China.

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Kluwer Arbitration

SEPTEMBER 3, 2024

Before we get too excited, one should consider that AI systems, including emotion AI, still face challenges today, including ethical concerns surrounding data privacy and bias in algorithms, ‘hallucinations,’ and limitations in understanding context. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

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Kluwer Arbitration

JANUARY 28, 2024

2 nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2 nd Annual California International Arbitration Week (CIAW) in Los Angeles. For more information visit the CalArb website. In Coinbase Inc. Bielski , No. 22-105 (U.S.

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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. The FY 2024 NDAA also includes the Federal Data Center Enhancement Act, the American Security Drone Act, and the Intelligence Authorization Act for FY 2024.

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Kluwer Arbitration

OCTOBER 20, 2024

ICCA Hong Kong 2024 was the largest ever ICCA Congress, so it was an amazing opportunity to showcase Hong Kong’s dispute resolution capabilities to a global audience. Also, our 2024 HKIAC Administered Arbitration Rules came into effect on 1 June 2024, which is a refinement of the well-received 2018 version.

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Kluwer Arbitration

JANUARY 21, 2024

For all its benefits, however, the use of ChatGPT is not without risks, both professional and ethical. One contributor further analyzed the ethical implications of ChatGPT use, highlighting the issue of equality of arms with a nod to Plato’s Republic. The use of AI gives rise to further issues of party consent and tribunal discretion.

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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 ). Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature.

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Kluwer Arbitration

JANUARY 4, 2024

A third arbitration is likely to be initiated by Zeph Investments in early 2024, after it filed a notice of intention to commence arbitration in October 2023. PacLII is currently funded through to mid-2024 thanks to the Australian Government. Support for arbitration in the Pacific continues in other forms.

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Kluwer Arbitration

AUGUST 25, 2024

On 26 July 2024, the Russian Supreme Court issued a landmark ruling (the “Ruling”) outlining a novel stance on the recognition and enforcement of foreign arbitral awards. On 27 May 2024, the Supreme Court judge rendered a ruling confirming that the application would be considered by the Economic Panel.

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Kluwer Arbitration

MAY 3, 2024

On 24 April 2024, the European Parliament voted for the EU to withdraw from the Energy Charter Treaty (“ECT”). Regardless of whether this is ethical, is it still solid advice? Three days earlier, Ecuador had voted to keep the country’s constitutional ban on investor-state arbitration.

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Kluwer Arbitration

JUNE 26, 2024

On 23 April 2024, JAMS announced its Artificial Intelligence Disputes Clause and Rules (“ JAMS AI Rules ”), effective 15 April 2024. JAMS describes these new rules as “clear guidelines and procedures that address the unique challenges presented by AI, such as questions of liability, algorithmic transparency, and ethical considerations.”

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Kluwer Arbitration

FEBRUARY 10, 2024

With this objective in mind, the PAIC, lists a range of investor obligations related to corporate social responsibility, use of natural resources, corporate governance, business, ethics and human rights. But missing among the standards of investment protection is the obligation to provide FET or fair administrative and judicial treatment.

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Kluwer Arbitration

APRIL 20, 2024

While the latter group has indeed contributed to an orderly improvement of the ISDS processes with focus on ethics, transparency and efficiency, the former group has forced terminations of several treaties and the triggering of sunset clauses with rather little tangible outcomes. This is not merely a European issue.

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AWS Public Sector

JULY 31, 2024

Adopting powerful technologies like generative AI must align with principles contained in the GC’s Responsible use of AI of lawful, ethical data usage and explainable outcomes to impacted individuals. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption.

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Kluwer Arbitration

JANUARY 3, 2025

On 4 September 2024, Delos hosted the Delos GAP Symposium 2024 at the Paris Arbitration Centre by Delos. The topic of this years symposium was Corruption & International Arbitration. The panel discussed key issues arising in arbitrations dealing with evidence of corruption. How Much is Required?.

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Kluwer Arbitration

JANUARY 10, 2025

In 2024, the relationship between arbitration and technology continued to resemble a thriller. 2024 was no different, with various contributors sharing their views on how technological developments will change the way we think about (or do) arbitration. At the same time, they continued raising ethical and procedural concerns.

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Kluwer Arbitration

JANUARY 23, 2025

Peoples Republic of China The draft amendment to the PRC Arbitration Law (2024 Draft) was released on November 8, 2024more than three years after the publication of the 2021 draft amendment (2021 Draft)marking a long-awaited development in the reform of the PRC Arbitration Law.

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Kluwer Arbitration

JANUARY 30, 2025

The Middle East and North Africa (MENA) region entered 2024 amidst continuing political and economic instability. Institutional Arbitration 2024 marked an important milestone for institutional arbitration in the MENA region. It registered 43 cases in 2024 despite only starting operations on 1 February 2024.

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Kluwer Arbitration

MARCH 28, 2025

However, systemic challenges persist, including the lack of uniform ethical standards and effective enforceability mechanisms for professional lapses. Process & Industrial Developments Ltd (P&ID), however, introduces a new obligation on arbitrators to investigate allegations of corruption more seriously.

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Kluwer Arbitration

JANUARY 16, 2025

Whilst these tools can reduce costs and increase efficiency in the arbitration process, they can also raise significant regulatory and ethical questions in relation to risks of fairness and bias, some of which have been addressed in the 2024 AI Act and the 2024 guidelines set out by the Silicon Valley Arbitration & Mediation Center (SVAMC).

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