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

How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. In order (sic) words, public procurement is rich in data, but poor in making it work for taxpayers, policy makers and public buyers.

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

SEPTEMBER 16, 2024

HSBC PI Holdings (Mauritius) Limited , 2024 SCC Online SC 345, where it rejected a challenge to the enforcement of a Singapore-seated foreign award on the ground of arbitrator’s bias. The Supreme Court has recently bolstered this view in Avitel Post Studioz Limited & Ors.

Thresholds 52

Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

JULY 2, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. Bolivarian Republic of Venezuela (“ Clorox v.

Thresholds 52

Thresholds Price IT Corruption 52

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. This included several audience members of the two above-mentioned panel discussions during the Paris Arbitration Week 2024.

Evaluation 52

Evaluation Thresholds Accountability Ethics 52

Kluwer Arbitration

DECEMBER 18, 2023

The announcement of the reopening of the Paris-based ICC Hearing Center in 2024 certainly is a promising addition to Paris’ enduring allure. Salomon highlighted the sophistication of French arbitration law, the rich Civil Law tradition, judiciaries known for their impartiality, and a world-class legal market home to leading practitioners.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

DECEMBER 19, 2024

On June 24, 2024, the European Union (EU) has introduced Council Regulation 2024/1745 which imposes the 14th package of sanctions against Russia , intensifying its response to Russia’s continued aggression in Ukraine. However, Article 11b does not establish the location of assets as a basis for jurisdiction.

Evaluation 52

Evaluation Thresholds IT Management 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

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.

Thresholds 52

Thresholds IT Balance Government 52

Kluwer Arbitration

SEPTEMBER 19, 2024

On 11 June 2024, the Swiss Federal Supreme Court (the “Court”) rendered another pair of decisions in the high-stakes arbitration saga Crescent Petroleum Co. In the other arbitration, Aynès’ law firm had raised serious corruption allegations against high-level Iranian officials and was collaborating with Crescent’s lead counsel.

Corruption 52

Corruption Thresholds Sustainability IT 52

Kluwer Arbitration

FEBRUARY 15, 2024

Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“ arbitrateAD Rules ”) was published on 1 February 2024. million) under the SCCA Rules.

Electronics 52

Electronics Thresholds IT Corruption 52

Kluwer Arbitration

MARCH 29, 2024

On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). 3) [2000] 1 AC 147. The resolution of this ambiguity across these two leading first-instance decisions is eagerly anticipated.

Thresholds 52

Thresholds IT Corruption Contract 52

Kluwer Arbitration

OCTOBER 1, 2024

Furthermore, in most cases, the only material requirement for obtaining a declaration under section 1032(2) ZPO is the existence of a valid arbitration agreement, a threshold arguably less onerous than the considerations regarding the suitability of the forum that may inform the issuance of anti-suit injunctions.

Utilities 52

Utilities Thresholds Integration Integrity 52

Kluwer Arbitration

JULY 5, 2024

Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing. 2024: SPC’s promotion of Daesung Industrial Gases Co., and Daesung (Guangzhou) Gases Co, Ltd Praxair (China) Investment Co.,

Thresholds 52

Thresholds Import Corruption IT 52

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. Parties should not lose sight of this essential function.

Ethics 52

Ethics Thresholds Corruption Consulting 52

Kluwer Arbitration

JUNE 11, 2024

On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law. The ruling casts further light on the standard of judicial review applicable to annulment proceedings in France.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JULY 30, 2024

Similarly, the cryptocurrency industry is not shielded from increased regulatory burdens, and Swiss cryptocurrency exchange, Nexo, initiated an arbitration against Bulgaria under the Switzerland-Bulgaria BIT in January 2024, following criminal investigations into the company. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 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. In KlimaSeniorinnen , the Court confirmed that the threshold under Article 34 ECHR for individual applicants alleging climate-related harm is “especially high.”

Thresholds 52

Thresholds Balance IT Corruption 52

Kluwer Arbitration

MARCH 20, 2024

On 12 January 2024, the English Court of Appeal issued an important decision on the interpretation of contractual prohibitions on assignment in the context of an insurance subrogation dispute between Mitsui Sumitomo Insurance Co Ltd (“ MSI ”) and Dassault Aviation SA (“ Dassault ”). However, the availability of de novo review under s.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

NOVEMBER 20, 2024

On 26 September 2024, the International Chamber of Commerce (ICC) hosted the 19th ICC New York Conference on International Arbitration, which brought together over 300 participants from 40 countries to discuss critical developments in international business and arbitration.

Contract 52

Contract Import Participation Management 52

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.

Government 40

Government Government Export Data 40

Kluwer Arbitration

JULY 22, 2024

But, at the same time, the majority also referred to the NAFTA-style high threshold of gravity required to find a breach (referring to actions “unacceptable from an international law perspective,” paras. 128) and that the conduct of the Respondent was arbitrary, using a high threshold (paras.

Thresholds 52

Thresholds Influencing Corruption Transparency 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. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. 2024 and the subsequent years will reveal whether the Protocol will secure the required ratification and if it will have an impact beyond intra-Africa investment treaties. The cited document is the January 2023 draft version of the Protocol.

Balance 52

Balance Negotiation Thresholds Ethics 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. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

DECEMBER 11, 2024

Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. On 1 February 2024, the Claimant applied to stay OA 1109 pending the final determination of the Arbitration to avoid duplicative or inconsistent findings in the Arbitration and OA 1109.

Balance 52

Balance Thresholds Purchasing Corruption 52

Kluwer Arbitration

NOVEMBER 22, 2024

On 23 September 2024, the third ITA Roundtable at an UNCITRAL Working Group III (“UNCITRAL WG III”) session took place at the offices of KNOETZL. If the threshold for an invocation is lower, then the question arises as to how it is defined and how it squares with the predictability and notification requirements.

Corruption 52

Corruption Contract Thresholds IT 52

Kluwer Arbitration

DECEMBER 9, 2024

On 9 August 2024, the Commercial High Court of England and Wales (the Court) has declined to set aside the Permanent Court of Arbitration (PCA) investment award issued in Diag & Mr. Josef Stava v Czech Republic (the Award), rejecting the jurisdictional challenges raised by the Czech Republic (the Judgement ).

Export 59

Export Tender Thresholds Corruption 59

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

DECEMBER 5, 2024

The judgment of the Singapore International Commercial Court (the Court) in DJO v DJP and others [2024] SGHC(I) 24 ( DJO ) provides helpful guidance on when an award may be set aside for breach of natural justice. This coincides with growing recognition amongst the arbitration community of the need to enforce minimum standards of conduct.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

NOVEMBER 11, 2024

On July 23, 2024, the BVG dismissed both complaints, although the full text of the decisions was not made available until September 2024 (see 2 BvR 557/19 and 2 BvR 141/22 ). Conclusions The rulings of the BVG hardly come as a surprise.

Thresholds 52

Thresholds IT Corruption Accountability 52

Kluwer Arbitration

NOVEMBER 16, 2024

This finding reflects the exceptional nature of a grant of security for costs and the high threshold applied by tribunals. The report observes that only two of the 23 applications for security for costs yielded success.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

NOVEMBER 24, 2024

In July and August 2024, the Court of Appeal for Ontario ( CA ) and the Ontario Superior Court of Justice ( SCJ ) have addressed critical questions concerning the jurisdiction of arbitration tribunals. Jewish Foundation of Greater Toronto , 2024 ONSC 4400 (“ Lebovic “ ), the SCJ dismissed the application brought under s.17(8)

Balance 52

Balance Import Utilities Thresholds 52