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.

Ethics 52

Ethics Participation Import Sustainability 52

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.

Corruption 52

Corruption Collusion Ethics Integrity 52

Whistleblower Network News

MAY 23, 2024

Together, they embark on a perilous journey in their quest to expose the state capture of a corrupt South African security group and the double-dealing profiteers who benefit from warfare in Africa. South African whistleblowers face an uphill battle when it comes to reporting corruption.

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Corruption Networking Transparency Accountability 84

Whistleblower Network News

MAY 8, 2024

. “Whistleblowers have submitted information relating to some of the most pressing policy objectives of the United States, from Iran- and Russia-related sanctions evasion to drug-trafficking to cyber-crimes and corruption.” There is no better way to detect hidden illicit funds than through the cooperation of an insider.

Corruption 111

Corruption Networking Import IT 111

Kluwer Arbitration

JUNE 8, 2024

The importance of maintaining pro-arbitration stances within the jurisdictions where they are based was emphasized by all institutions, as well as, relatedly, ensuring the swift enforcement and minimal successful challenges to arbitral awards. This shift offers cost efficiency, broader accessibility, and environmental benefits.

Efficiency 52

Efficiency Import Innovation Finance 52

Government Contracts Legal Forum

JULY 10, 2024

On June 26, 2024, a 6-3 majority of the U.S. 23-108 (2024) , involved a former Indiana mayor who accepted $13,000 from a garbage truck company after it was awarded city contracts. As a result, the federal government will have less authority to prosecute corruption by state and local officials under this provision.

Corruption 52

Corruption Participation Government Government 52

Kluwer Arbitration

JUNE 8, 2024

On the final day of London International Disputes Week 2024 (“LIDW”), LALIVE and Kobre & Kim hosted an event on arbitration and enforcement involving sovereign States. She also shared some particularities of the Swiss approach, such as the important distinction between monetary and non-monetary claims.

Negotiation 52

Negotiation Import Corruption Demand 52

Kluwer Arbitration

AUGUST 9, 2024

On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “ Arbitration for the Next Generation ”, this year’s edition highlighted the challenges and opportunities in future arbitral disputes faced by the next generation of arbitrators and practitioners.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

APRIL 15, 2024

Recognising this, Templars, a top-tier Nigerian law firm, hosted an event on 6 February 2024, titled “The Role of Arbitration in the Energy Transition in Africa”, as part of the 2024 LCIA West-Africa Roadshow. In February 2024 , Total Energies announced its plan to sell its minority stake in a Nigerian joint venture.

Demand 52

Demand Sustainability Capacity Import 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

JUNE 8, 2024

The fourth day (06 June) of 2024 London International Disputes Week (“LIDW”) tackled several complex issues in arbitration. The case stressed the importance of disclosures in arbitration which enable tribunals to better uphold the rule of law. He identified the case as an extreme example of fraud within arbitration.

Finance 52

Finance Import Corruption Transparency 52

Kluwer Arbitration

JUNE 8, 2024

This ICCA Congress had as its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. Referring to his seminal book ( Dealing in Virtue , 1994), Garth discussed the role and importance of people in developing arbitration.

Influencing 52

Influencing Participation Efficiency Transparency 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 7, 2024

their risk, value, and terms) whereas from the state’s side, and the write-off of debt to intervene a systematically important bank may be of an existential nature. There are two legal points to preliminary consider: from the investors’ side, the bonds as such must be assessed (e.g.

Tender 52

Tender Insurance Influencing Finance 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. This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental rules in practice.

Balance 52

Balance Evaluation Import Utilities 52

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

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

MAY 15, 2024

These steps have also been important for intra-African trade. Is the supervision of the English courts still important in light of the Nigeria v P&ID experience for example? What Is the Future for Arbitration in Africa? Or does Africa still have some way to go?

Negotiation 52

Negotiation Import Capacity Corruption 52

Kluwer Arbitration

MARCH 21, 2024

As we reported earlier , the 2024 edition of the Paris Arbitration Week (“PAW”) is the first to count the Paris Court of Appeal among is partners. She specified that these principles are applicable irrespective of the legal seat of arbitration.

Participation 52

Participation Import Corruption Efficiency 52

Kluwer Arbitration

NOVEMBER 16, 2023

Since 2016, when the first issue of the European Investment Law and Arbitration Review was published, the Review has tracked developments in the new and increasingly important field of European investment law and arbitration. We are also inviting submissions for the Young Practitioners and Scholars Essay Competition 2024.

Import 52

Import Corruption Integrity Integration 52

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. Mulheron emphasized the importance of including both financial and prudential aspects in such a regulatory regime.

Import 52

Import Ethics Influencing Negotiation 52

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. This timeline, while providing an important safe harbor, places increased pressure on companies to make decisions quickly concerning whether to self-disclose or not.

IT 52

IT Corruption Accountability Insurance 52

Kluwer Arbitration

MAY 30, 2024

As a consequence of these efforts, the ALRC finalised its draft of the Bill and on 2 May 2024, presented the Bill to the Federal Minister for Law and Justice and recommended for the Government to consider the Bill for its enactment through Parliament. This post discusses the essential features of this Bill.

Corruption 53

Corruption Import IT Government 53

Kluwer Arbitration

MAY 11, 2024

He emphasized SVAMC’s efforts drafting the first ever guidelines of their kind setting standards to the ‘responsible use of AI in ADR’, and the importance of these guidelines in building a consensus around the regulation of AI in ADR within the broader global community.

Integrity 52

Integrity Integration Participation Efficiency 52

Kluwer Arbitration

APRIL 11, 2024

Paris, amidst its annual Arbitration Week in 2024 , saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia.

Innovation 52

Innovation Influencing Logistics Negotiation 52

Kluwer Arbitration

MAY 6, 2024

The Delhi Arbitration Week (“DAW”) 2024 that took place from 6 to 10 March 2024 featured two panel discussions that focused on emerging issues such as state owned entities (“SOEs”) and the role of technology in arbitration. He highlighted the lack of a level playing field between PSUs and private entities in arbitration.

Import 52

Import Finance Capacity Contract 52

Kluwer Arbitration

AUGUST 15, 2024

Matheus López, A New Conceptual and Applicable Proposal on the Independence and Impartiality of the Arbitrator This article addresses the important issue of the independence and impartiality of the arbitrator.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

JUNE 5, 2024

Vision 2030 and Beyond: The Role of Arbitration in Saudi Arabia’s Transformation The LIDW 2024 keynote address was followed by a panel discussion on the topic “ Vision 2030 and Beyond: Arbitration’s role in Saudi Arabia’s transformation ”.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

MAY 11, 2024

On March 14, 2024, the 3rd California International Arbitration Week featured an event titled ‘Resolving Tomorrow’s Conflicts Today: An In-House Perspective on Technology Disputes from the Tech Mecca,’ organized by California Arbitration and the California Lawyers Association and hosted at JAMS. The session, moderated by Hon.

Influencing 59

Influencing Integrity Integration Manufacturing 59

Kluwer Arbitration

MARCH 20, 2024

Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. Aside from the clause, institutions may rely on other important parameters, among which are (i) the place of the parties, and (ii) the applicable law. Lawyers need to be on top on that.

Import 52

Import Efficiency Negotiation Tender 52

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 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

APRIL 10, 2024

Sobota highlighted significant legislative measures enacted by the United States, such as the CHIPS and Science Act of 2022 and the Inflation Reduction Act of 2022 , aimed at bolstering domestic technology production and imposing restrictions on semiconductor imports.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

JANUARY 12, 2024

We will report on these end-of-the year developments in early 2024. Corruption allegations in arbitration proceedings relating to Peru remain very common. Peru , where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. Ecuador ) and Orazul ( Orazul International Espana Holdings SL v.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

MARCH 20, 2024

On 18 March 2024, the first day of the Paris Arbitration Week (“PAW”), the School of International Arbitration at Queen Mary University of London and Université Paris I Pantheon-Sorbonne held a joint conference on crypto assets and arbitration. Amir Soleymani and Coinbase, Inc.

Distribution 52

Distribution Utilities Accountability Purchasing 52

Kluwer Arbitration

MARCH 2, 2024

However, while seeking to preserve important public policy objectives, de novo review may sometimes lead to inefficiencies and unfairness in the process, contrary to arbitration’s stated goals of obtaining the fair resolution of disputes without unnecessary delay or expense.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

MARCH 22, 2024

Clear Arbitration Agreements The first preventive measure discussed by the panel was the importance for dispute resolution clauses to be well drafted. Once again, as a cornerstone principle of arbitration, consent remains important.

Import 52

Import Contract Capacity Corruption 52