Kluwer Arbitration

DECEMBER 12, 2023

Arbitrability in French law Under Article 2059 of the French Civil Procedural Code (“FCPC”), parties do not have the free disposal of all their rights: unavailable rights cannot be arbitrated, especially “ questions of status and capacity of a person ”, and “ those relating to divorce and legal separation ” ( Article 2060 of the FCPC ).

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Kluwer Arbitration

FEBRUARY 20, 2024

1) Article 222 of the New CPL, which by virtue of Article 223 applies to foreign awards, sets out the procedure for enforcing foreign judgments. As per Article 222.2, As per Article 222.2, The requirement for the dispute to be arbitrable is covered in Article V.2(a) 403/2020 (Civil) , Dubai Court of Cassation No.

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Kluwer Arbitration

DECEMBER 1, 2023

The Decision The Constitutional Court ruled that the Agreement is “unconstitutional” because – among other reasons – it provides for ICSID arbitration in article 15.20. Hence, Article 422 cannot be regarded as prohibiting international treaties containing international arbitration provisions.

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Kluwer Arbitration

APRIL 22, 2024

Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “ any circumstances likely to give rise to justifiable doubt as to their impartiality and independence ”. In: WEBER, Ana Carolina; LEITE, Fabiana de Cerqueira (org.).

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Kluwer Arbitration

SEPTEMBER 2, 2024

More precisely, Article 36(1) of the Regulation provides that “[a] judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.” Brief Overview of the Key Provisions of the 2019 Hague Convention Article 1 of the 2019 Hague Convention lays out its scope.

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Kluwer Arbitration

FEBRUARY 25, 2024

The UPC is one of the two existing “courts common to the Contracting Member States” for the purpose of article 71 of the Brussels Regulation 1215/2012 (the other being the Benelux Court of Justice ). These rulings are binding upon the UPC, as per the principle of primacy of EU law enshrined in Article 20 of the UPC Agreement.

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Kluwer Arbitration

JUNE 23, 2024

Its mandate involves two pillars, reflected in Articles 6 and 7 of the draft statute. Article 6 deals with general technical assistance and “capacity building”, such as advice on dispute prevention, trainings, seminars, exchange of experience and serving as a repository of information.

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Kluwer Arbitration

DECEMBER 2, 2023

15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) 6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration regulations within the UAE. Under the recently issued Federal Law No. (15)

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Kluwer Arbitration

DECEMBER 12, 2023

The draft provisions could be incompatible with article 20 UNCITRAL Model Law on Cross Border Insolvencies (UMLCBI ) Article 20 UMLCBI regulates the effects of recognition of a foreign main proceeding. That is, article 20 UMLCBI does not import the effects of the law governing the foreign insolvency proceedings.

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Kluwer Arbitration

FEBRUARY 12, 2024

The CoC rejected this argument and upheld the findings of the Court of Appeal, emphasising the established legal principle that the capacity and authority of the signatory to an arbitration clause are within the purview of the trial court to decide. 18 of 1993 Concerning The Commercial Transaction Law (“Civil Procedures Law”).

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Kluwer Arbitration

MARCH 11, 2024

She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies. All are available to watch in full here.

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Kluwer Arbitration

JULY 25, 2024

This article discusses the Tribunal’s findings in this case. Pursuant to Article 4.1 Pursuant to Article 4.1 Therefore, the Tribunal concluded that the FET under Article 4.1 Non-official English translation). of the Treaty was an “autonomous standard”. of the Treaty. Non-official English translation) (Award, para.

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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 Tribunal accepted Bolivia’s argument that it had limited capacity to control violent outbursts at the Colquiri Mine and that the use of force by police must be a last resort.

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Kluwer Arbitration

NOVEMBER 29, 2023

The 2013 Kishenganga Award allowed India to continue its projects on the Kishenganga but prohibited India from using drawdown flushing to disperse sedimentation if it led to water levels in the dam fall below the dead storage capacity. India characterised the arbitration proceedings as “ illegally constructed.”

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Kluwer Arbitration

APRIL 24, 2024

There, Spain objected to the court’s jurisdiction, arguing that under the CJEU’s Achmea and Komstroy decisions, Spain’s offer to arbitrate the dispute with other EU investors set forth in Article 26 of the ECT was void ab initio. Blasket Renewable , at 12. The Appeal Both cases went on appeal, along with another case against Spain.

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Kluwer Arbitration

OCTOBER 2, 2023

Article 10(d) of the BIT mentions the Centre as one of the options for dispute resolution through arbitration, subject to the parties’ agreement. According to the commentaries on the Draft Articles, for the purposes of Article 5, the classification of an entity as public or private under national law is not decisive.

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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

MAY 6, 2024

He referred to Article 4, Draft Articles on Responsibility of States for Internationally Wrongful Acts, which deals with the conduct of state organs. Mr. Fionn Pilbrow, KC addressed the issue of attribution of responsibility on state entities in international investment arbitrations.

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Kluwer Arbitration

AUGUST 4, 2024

This post reflects the views of the author in her personal capacity only and not necessarily those of Italy of which she currently acts as representative at UNCITRAL WG III and OECD. It will then analyse carve-outs in investment treaties in light of the rule of law basis and general (legal) nature of post-establishment protection.

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Kluwer Arbitration

MARCH 22, 2024

With regards to the other procedural mechanism, consolidation refers to the capacity to combine different arbitration proceedings. The Russian Arbitrazh Court found that the arbitration agreement was not enforceable according to Article 248.1 The efficacity of this tool therefore depends on the willingness of the parties.

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Kluwer Arbitration

FEBRUARY 2, 2024

For an interesting argument for the ex nihilo position from general principles, but pre-dating the claimants’ enforcement attempts, see this article by Fietta LLP. Rather, it reasoned, the result of the MSC’s 2021 decision was that the tribunal was “not properly composed” within NYC Article V(1)(d) (HCA judgment [6.14]).

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Kluwer Arbitration

SEPTEMBER 26, 2023

First, for off-chain enforcement, NYC [Article I(1), Articles V (1)(a), (d) and (e)] requires a seat. While French courts have used Article VII of the NYC to put Lex Mercatoria into practice, Panjwani discussed how it may be an academic fantasy at present to interpret Article VII to apply a transnational legal order.

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Kluwer Arbitration

APRIL 5, 2024

Situations may arise, however, in which the investor has caused environmental damage, which causes the State to decrease its capacity to adapt to climate change. Some treaties explicitly provide for the host State to bring counterclaims, such as in the Slovakia-Iran BIT Article 14(3). Czech Republic. In the discontinued RWE v.

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Kluwer Arbitration

OCTOBER 20, 2024

As mentioned above, this includes taking a proactive role in capacity-building collaborations too. One of the most innovative and exciting new provisions is Article 9A.1, What are the largest challenges facing arbitration in Hong Kong and the Asia-Pacific region today? How is HKIAC addressing them? Past interviews are available here.

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Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

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Kluwer Arbitration

APRIL 1, 2024

Jaime appeared in their personal capacities. Depending on the circumstance, NDTP submissions may be considered subsequent practice or subsequent agreement under Article 31(3) of the Vienna Convention on the Law of Treaties, and may likewise contribute to State practice relevant to customary international law. Mr. Bigge and Ms.

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Kluwer Arbitration

FEBRUARY 25, 2024

2 might be in breach of Article 26 of the ICSID Convention. This piece was prepared by the author in her capacity as an Associate Editor of the Kluwer Arbitration Blog. In 2024, we will continue to monitor all related developments and we look forward to receiving more contributions to keep our readership updated.

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Kluwer Arbitration

NOVEMBER 11, 2023

There are a few jurisdictions that have acknowledged enforcement of these decisions, such as Hong Kong (Article 22 B. The main disadvantage, on the other hand, is the fact that enforcement of the emergency arbitrator’s decision under the New York Convention can be difficult. Other jurisdictions might be more hesitant on the matter.

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Kluwer Arbitration

JANUARY 8, 2024

The National Code’s Third Book includes new provisions regulating arbitration (articles 533-549). The Court further attempted to elucidate the rationale behind Article 3(3)(c), noting that “there are matters which, because of their nature, complexity and possible effects, shall be settled by judicial courts” rather than by arbitrators.

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Kluwer Arbitration

FEBRUARY 13, 2024

The Law imposes certain requirements on domestic arbitration institutions as to their accreditation, organizational structure, governance, and financial capacity (Arts. The Law also replicates Articles 3 and 4 of the 2013 UNCITRAL Arbitration Rules and requires certain content in the notice of arbitration and response thereto (Arts.

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Tracker Intelligence

FEBRUARY 16, 2025

This article, which compares public and private procurement, gives suppliers the confidence to move in both markets. The public sector procurement process is meant to guard against corruption, and all bids are supposed to be evaluated on predetermined criteria like quality, price and social value.

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Kluwer Arbitration

MAY 4, 2024

Parties are often wary of the complications possibly arising from the involvement of a third party in the arbitration in such capacity and role. The above is an abbreviated version of an article published in the SchiedsVZ | German Arbitration Journal, Vol. The consent of all parties required for such joinder is difficult to obtain.

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Kluwer Arbitration

APRIL 28, 2024

On 26 August 2020, the tribunal issued an additional partial award clarifying certain aspects of its earlier decision based on an application by Gabriele pursuant to article 39 of the UNCITRAL Rules and s. 79 of the Arbitration Act applicable in the Bahamas ( “Bahamas Arbitration Act” or the “Act” ). 91 of the Trustees Act.

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Kluwer Arbitration

OCTOBER 26, 2023

The dispute concerns a 2005 contract for satellite spectrum capacity and satellite-broadcast wireless access services. Article 317 of the current code, the C.c.Q., The underlying dispute in this matter is a saga with which readers might be familiar. III of the NYC. Instead, it analyzed the question under Arts. II and V(1)(a).

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Kluwer Arbitration

NOVEMBER 1, 2023

This article presents a good discussion on if ChatGPT can think.) While AI is known for its capacity to analyze vast amounts of data, it currently lacks the capability to fully grasp the intricacies and nuances of these contexts in the way that a human expert can.

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Open Contracting Partnership

OCTOBER 30, 2023

Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.

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AWS Public Sector

JULY 31, 2024

Lire cet article en Français The potential of open data to transform governance and public services is immense, but realizing this potential requires overcoming common obstacles. Promoting data skills and literacy throughout the public service via training and capacity building.

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