Kluwer Arbitration

APRIL 10, 2025

This article outlines the key themes and insights from a panel discussion exploring the evolving interplay between criminal law and international arbitration from two interrelated perspectives. Daniel Schimmel echoed these observations, reflecting on the evolving approach of arbitral tribunals and counsel toward corruption allegations.

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Whistleblower Network News

OCTOBER 4, 2023

Securities and Exchange Commission (SEC) Office of the Whistleblower posted a Notice of Covered Action (NoCA) for an enforcement action taken against the 3M Company over allegations that a subsidiary company based in China violated the Foreign Corrupt Practices Act (FCPA). 3M agreed to pay the SEC $6.5

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Kluwer Arbitration

MAY 23, 2024

KS&T was a market participant in OCTP with tracking accounts for emission allowances in Ontario and California. The Tribunal held that KS&T’s emission allowances did not grant it a legal share in any asset or resource, or qualify as “interests” under Article 1139(h).

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Kluwer Arbitration

OCTOBER 17, 2024

More progressively, Article 26 of the 2018 DIS Arbitration Rules obliges the arbitral tribunal to discuss with the parties the possibility of amicable settlement of the dispute or of individual disputed issues. Such a provision could be easily incorporated into the existing institutional rules, for instance, in Article 24.2

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Government Contracts Legal Forum

AUGUST 9, 2024

Spotlight on Ethical and Transparent Corporate Culture The new pilot program underscores DOJ’s commitment to fostering a corporate culture of integrity and accountability, and sends a clear message to would-be whistleblowers and corporate entities alike. View the full article

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Import and Trade Remedies

JANUARY 22, 2025

Baker McKenzies Canadian international trade and customs team is publishing a series of articles reviewing 2024 trade and customs compliance developments and looking ahead to 2025s burgeoning issues. This article focuses on Canada’s trade remedies regime.

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Kluwer Arbitration

OCTOBER 3, 2024

Recent decisions show, however, that arbitrators tend to misunderstand whose good faith Article 31(1) of the VCLT is referring to. In this sense, Article 26 of the VCLT provides that “[every] treaty in force is binding upon the parties to it and must be performed by them in good faith ”. In Stabil LLC and Others v.

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Kluwer Arbitration

FEBRUARY 20, 2024

Flexibility from the Start SCCA’s Article 8.1 Article 10: Pre-Meeting Facilitation Before the tribunal is constituted, Article 10 empowers the administrator to conduct a pre-meeting, fostering communication between parties. This post comments on some of these provisions in the SCCA’s rules.

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Kluwer Arbitration

AUGUST 26, 2024

Where the parties to a given treaty agree in their submissions – including NDPs – those interpretations also can be considered a common understanding subject to Article 31(3) of the Vienna Convention on the Law of Treaties (“VCLT”). In its submission, the United States explained that Article 10.20.4 of the U.S.-Colombia of the U.S.-Peru

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Kluwer Arbitration

JUNE 21, 2024

The substantive proposal of the question was merely based on a proposed reform of Article 422 of the Ecuadorian Constitution (“Article 422”), as explained further below. ” The mechanism through which this alleged recognition would have been achieved was the amendment of Article 422. free translation).

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Kluwer Arbitration

MARCH 25, 2024

This article provides an overview of Mongolia’s international investment climate and explores recent developments. In 2020, the mining sector accounted for 21.6% Mongolia’s International Investment Climate A. The tribunal directed the claimants to indicate their intention to seek damages, but no damages claim was ever made.

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Kluwer Arbitration

OCTOBER 2, 2024

As I discuss in my recent article in the Notre Dame Law Review , every action has an equal opposite reaction. Because arbitration has always embraced the “pay-to-play” model, courts have held defendants accountable to both pay and play. Corporate defendants responded to the mass arbitration revolution with four noteworthy strategies.

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Open Contracting Partnership

AUGUST 3, 2023

Introductory course The School of Applied Research in Public Procurement sought to develop participants’ skills in monitoring, research, policy analysis, and promoting public procurement reforms and open contracting in Central Asia, with a vision to improve transparency, accountability and efficiency in the use of public funds.

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Kluwer Arbitration

JULY 18, 2024

This is an important judgment because it is the first Court judgment commenting on the setting aside of an award in arbitrations seated in the Qatar Financial Centre (“QFC”), and touches upon other key principles under Article 41 of the QFC Arbitration Regulations. This post explores some of the key elements of B v C.

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Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court held 16:1 (Judge Eicke dissenting) that Article 8 ECHR (right to private and family life) encompasses a right to effective protection from—and a corresponding duty (or “positive obligation”) on States to mitigate—the serious adverse effects of climate change on human lives and health.

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Kluwer Arbitration

JUNE 14, 2024

Only Article 25 of the ICDR Rules (2021) provides substantive guidance, stating that when parties are subject to different rules of privilege, the Tribunal shall apply the rules that would give the highest level of protection. Although Article 9.2(b) c)) and “the need to maintain fairness and equality between the Parties” (Article 9.5(e)).

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Kluwer Arbitration

NOVEMBER 8, 2023

Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. Instead, the court can seek proposals for an amicable settlement, in a dialogue that takes into account all interests and is based on a fair explanation of the relevant issues. 5 (2023), which is also included on Kluwer Arbitration.

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Kluwer Arbitration

MARCH 26, 2024

In the commentary to the ILC draft Articles on State Responsibility it is suggested that interest is not “a necessary part of compensation in every case.” (See See Article 38, Commentary 1). However, in investor-State disputes, it has become usual for parties to request, and for tribunals to include, interest on top of compensation.

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Kluwer Arbitration

MAY 25, 2024

We believe these findings provide a more accurate accounting of U.S. In another forthcoming (2025) article (Compliance in the Shadow of the Award, 50 Yale J. This blog post is based on our article, Challenging and Enforcing International Arbitral Awards in U.S. but still lower than the findings in other studies. Int’l L.),

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Kluwer Arbitration

SEPTEMBER 22, 2024

Scope of Application Differently from traditional investment agreements, the stated purpose of the SIFA is not only to foster foreign direct investment (“FDI”) (Article 1), but also to do so in a manner that integrates environmental and labour standards, transparency, and corporate social responsibility.

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Kluwer Arbitration

FEBRUARY 29, 2024

Administrating Bodies of the NAI The first notable adjustment in the NAI Rules is the establishment of an NAI Case Management Committee ( Article A1, paragraph 1 of Appendix A ). The NAI Secretariat will support the members of the NAI Case Management Committee in carrying out its duties ( Article A1, paragraph 2 of Appendix A ).

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Kluwer Arbitration

JULY 1, 2024

Nigeria arbitral award and the issue of fraud and corruption. Patocchi spoke about the issue of a challenges to awards on grounds of corruption or fraud tainting the proceedings. In Sorelec , the Paris CoA set aside the award even though the alleged corruption was not raised before the arbitral tribunal. He referred to Prof.

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Kluwer Arbitration

FEBRUARY 22, 2024

Instead, it encourages amicable settlements wherever possible (Article 13, FIL). The new Civil Code has incorporated long-standing principles such as good faith and abuse of rights as outlined in Articles 95 and 29. Remarkably, the FIL does not prescribe a specific dispute resolution mechanism.

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Kluwer Arbitration

JUNE 15, 2024

And so is their interplay (for a more detailed account of the relevant questions, see Kehl & Wuschka, ZEuS 2024 , 59 (67 et seq.)). Importantly, however, the ECT continues to apply for pre-existing and qualifying investments under its sunset clause, Article 47(3), for another 20 years. At the same time, Article 36(1) lit.

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Kluwer Arbitration

JANUARY 14, 2024

While the 2011 Rules contained 5 Sections with 48 Articles, the 2024 Rules contain 6 Sections with 56 Articles and 4 annexes. Multiple Contracts The 2024 Rules addresses multiple contracts in Article 51, which enable parties to make claims arising out of or in connection with more than one contract in a single arbitration.

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GovLoop

MARCH 5, 2024

If a cyberattack, human error, or another circumstance results in data theft, deletion or corruption, a snapshot can quickly restore what’s lost, said Sprague. With SafeMode, an administrator cannot delete snapshots; backups are safe even if hackers invade an administrator account.

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GovLoop

MAY 9, 2023

Distributed Data Makes Protection More Complex While hackers, ransomware and insider attacks are attention-grabbing threats, data is also vulnerable to more mundane risks — accidental deletions, misconfigurations, file corruption, failed hardware. We’ve had customers that lost data because of a sprinkler system malfunction,” Montgomery said.

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Kluwer Arbitration

NOVEMBER 2, 2023

If a party required interim measures before the constitution of the arbitral tribunal, Article 22 of the CAM Santiago Arbitration Rules (before the 2023 modification) directed it to the Chilean Code of Civil Procedure’s (“ CCP ”) provisions on pre-trial interim measures. The CCP provides for various form of pre-trial (i.e.

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Kluwer Arbitration

MARCH 10, 2024

Under Article 77 of UNCLOS, the two coastal States exercise their sovereign rights in respect of the Loophole area for the exploration and development of its natural resources, including the exclusive right to harvest sedentary species. The Award The tribunal first considered whether the State had breached Article III of the BIT.

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Kluwer Arbitration

SEPTEMBER 5, 2024

10) are captured in the Protocols to the Convention; additional Protocols may be adopted in accordance with the procedure detailed under Article 10. Article 2 sets out the six Protocols—A, B, C, X, Y, and Z—currently under consideration, grouping them into two categories. Examples described as “illustrative” (para.

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Kluwer Arbitration

JULY 30, 2024

This article explores the rising risk of disputes in the tech sector (whether before domestic courts or under international law) and the need for both investors and States to carefully consider their strategies. See, e.g., China-Saudi Arabia BIT, Article 8(2) ; China-UK BIT, Article 7 ; China-Japan BIT, Article 11(2).

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Kluwer Arbitration

MARCH 4, 2024

FPS Article 2(2) of the Treaty provides that covered investments “shall enjoy full protection and security”. The analysis must be conducted on a case-by-case basis, assessing the reasonableness of Bolivia’s conduct in the specific circumstances and taking into account the country’s resources.

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Kluwer Arbitration

SEPTEMBER 18, 2024

It aims at strengthening the competitiveness of Germany as an arbitral seat, taking into account the 2006 update of the UNCITRAL Model Law (“2006 Model Law”) as well as reforms in neighbouring states, such as Switzerland , Austria and France , while not specifically addressing the ongoing reform process of the English Arbitration Act.

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Kluwer Arbitration

JULY 2, 2024

Hanotiau found a creeping indirect expropriation of Clorox’s investment by Venezuela without adequate compensation under article V of the bilateral investment treaty between Venezuela and Spain (the “BIT”) and awarded Clorox roughly USD 104 million. Venezuela matter, the latest decision was the least surprising.

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Kluwer Arbitration

DECEMBER 19, 2023

The class representative, Bielski, alleged that Coinbase failed to replace funds fraudulently taken from his and other users’ accounts. Ibrahim Ati is a member of Young California Arbitration (Young CalArb), which assisted in the preparation of this article. Young CalArb is sponsored by California Arbitration.

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Kluwer Arbitration

FEBRUARY 16, 2024

The dispute before the enforcement court (and later the SFSC) centred on the question of whether a ground for refusal under article V(1) of the New York Convention (“NYC”) (whether under lit. GmbH’s assets in Switzerland on the basis of the receivable awarded to A. in the award. AG’s respective appeal.

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Kluwer Arbitration

DECEMBER 29, 2023

Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the contracting States of the invoked treaty (dual nationals). This is an added qualification to the requirements for a qualified investor mentioned in the treaty.

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