Kluwer Arbitration

AUGUST 27, 2024

Bright line” rules This same emphasis on practicality can be seen in the Draft Act’s definition of “international commercial arbitration”. Arbitral institutions and Pakistani courts The role of the courts in Pakistan was also taken into account in relation to arbitral institutions. If a law achieves those ends, it is a good law.

Contract 52

Contract Innovation Capacity Corruption 52

Kluwer Arbitration

OCTOBER 8, 2023

GSI was engaged in extensive litigation in Canada from 2007 to 2017 against authorities and third parties, alleging violations of copyright and trade secrets by Canadian authorities’ disclosure of GSI’s seismic data to third parties (for a more extensive account of the facts, see here ). The claimants in Einarsson v. and here , section 3.3.).

Data 64

Data Media Import Corruption 64

Kluwer Arbitration

MARCH 20, 2024

The first roundtable, moderated by Professor Mathias Audit and Dr. Maria Fanou , provided a general introduction on the legal issues surrounding crypto assets, including the definition of crypto assets, their legal status, as well as typical litigations which have arisen out of crypto assets. Cryptopia as an illustration.

Distribution 52

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Kluwer Arbitration

MARCH 10, 2024

The evidence before the tribunal showed that snow crab had generally been treated as falling within the definition of UNCLOS Article 77(4) (para. In this regard, the Tribunal’s willingness to take into account States’ obligations under UNCLOS provisions may well serve as an authoritative precedent for future investment claims.

IT 52

IT Corruption Accountability Integrity 52

Kluwer Arbitration

MARCH 22, 2024

Although inherent powers are not something faced everyday in international commercial arbitration, their definition and use create obvious uncertainties and challenges to both the arbitrators and the parties making it necessary to pay more attention to this very specific tool in international arbitration.

Integrity 59

Integrity Integration Consulting Accountability 59

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.)). In line with the definition in Article 1(2) of the ECT, states in their one-year “withdrawal period” under Article 47(2) of the ECT also count as contracting parties for these purposes.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

JULY 2, 2024

The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Thresholds 52

Thresholds Price IT Corruption 52

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.

IT 52

IT Electronics Efficiency Import 52

Kluwer Arbitration

MAY 19, 2024

Notably, the Fund’s 1976 accounts recorded the loan to NIOC and did not include NIOC House as an asset of the Fund. 423 of the Act provides the definition of a transaction at an undervalue and the consequential order that the court can make in those circumstances. Application of s.423 423 of the Act in Enforcement of Arbitral Awards S.423

Purchasing 52

Purchasing Corruption IT Management 52

Kluwer Arbitration

MAY 11, 2024

This guideline holds parties accountable for any uncorrected errors in AI-assisted work products. It emphasizes the arbitrator’s responsibility to critically assess AI outputs, ensuring they do not mistakenly take them as definitive sources without independent verification of their reliability.

Participation 52

Participation Integrity Integration Efficiency 52

Kluwer Arbitration

NOVEMBER 2, 2023

However, said rules were also modified to account for Chile’s own legal reality and traditions. The CAM Santiago Arbitration Rules provide (Article 21 bis ) that the requesting party shall file a request for arbitration or a request for the constitution of the definitive arbitral tribunal within the same term, along with its lawsuit.

IT 52

IT Corruption Demand Accountability 52

Kluwer Arbitration

JANUARY 6, 2024

In this regard, the majority of the Tribunal found that the definition of “investment” in the Treaty is broad and does not expressly require the funds invested to be tied to the person who invested for that person to be considered an investor, nor does it require an assessment of the risk associated with the investment.

IT 52

IT Corruption Transparency Purchasing 52

Kluwer Arbitration

FEBRUARY 27, 2024

Finally, the tribunal explained that a provisional measure, by definition, requires a party to do or not to do something, even against its will. However, the tribunal saw it different. Second, all decisions issued by the tribunal have jurisdictional effects and therefore, must also be complied with as the law itself.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

FEBRUARY 7, 2024

Mr. Dsouza criticised this 65% settlement figure for sums awarded by the arbitral tribunal as being arbitrary and failing to account for the extensive time and resources that parties invest in the arbitration process before an award is secured. This could be done through new legislation, or a definitive ruling by the Indian Supreme Court.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

NOVEMBER 7, 2023

At issue, was whether the ICSID panel constituted a “foreign or international” tribunal within the definition of §1782. Conversely, the Second Circuit in Certain Funds, Accounts &/or Inv. 3d 1262, 1269 (11th Cir. Vehicles v. KPMG, LLP , 798 F.3d 3d 113, 124 (2d Cir.

Automotive 52

Automotive Utilities Import Corruption 52

Whistleblower Network News

JUNE 5, 2024

Corruption and the arbitrary exercise of power is not just monetary, and the need for society to defend those who speak truth to power is essential for the defense of truth,” said Nikhil Dey, whistleblower activist who facilitated the session. “The

Participation 98

Participation Corruption Accountability Media 98

University of Bristol

AUGUST 23, 2021

2 PCR2015, incorporating the definition of “procurement” in Art 1(2) Dir 2014/24, as interpreted by the CJEU in Falk Pharma and Tirkkonen ). Moreover, the proposal includes specific rules on the management of such lists (points 7.7 How this can be seen as an improvement over the current situation escapes my imagination.

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

JANUARY 21, 2024

courts have adapted their definition of what categorizes a violation of international law in accordance with the ICJ decision in Germany v. Damage claims are renowned for their inherent complexity, it is thus imperative to prepare for it preemptively. Italy , i.e, According to such a scenario, a violation of U.S.

Corruption 52

Corruption Accountability Influencing Distribution 52

Kluwer Arbitration

AUGUST 26, 2024

Article 31 is framed in mandatory terms – subsequent agreements between the Parties and subsequent practice of the Parties “ shall be taken into account.” The subject matter of U.S. submissions has included a wide range of topics addressed in the jurisdictional, merits and damages phases of investment arbitrations. In large part, the U.S.

Accountability 52

Accountability Import Corruption IT 52

Kluwer Arbitration

JUNE 8, 2024

This was definitely not by chance. Lizzie Shimmin (Jenner & Block) explained that although there was never a presumption in the UK legal system that a parent company would be held liable for the acts of its subsidiaries, effective legal measures to hold the controlling entity accountable started to be taken in the recent years.

Supply Chain 52

Supply Chain Demand Influencing Distribution 52

Kluwer Arbitration

JANUARY 26, 2024

Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Influencing 52

Influencing IT Corruption Accountability 52