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

Negotiation 97

Negotiation Management Budget Efficiency 97

Kluwer Arbitration

AUGUST 15, 2024

This article analyses fifteen arbitration cases in which the respondent argued that the claimant contributed to its injury, either as a result of the investor’s bad business judgment or because the investor’s behaviour provoked the state’s wrongful conduct. Despite ongoing debates and procedural innovations, underlying inefficiencies persist.

Efficiency 52

Efficiency Balance Corruption Transparency 52

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.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

DECEMBER 31, 2023

Compared with the 2015 Rules , the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated recent developments in international arbitration, such as third-party funding (Article 48) and early dismissal (Article 50). This article will present an overview of the key amendments and new updates to the 2024 Rules.

Efficiency 52

Efficiency Consulting Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 29, 2024

The new NAI Rules, which had been last revised in 2015 , introduce a number of innovative features and aim to provide for more efficient and expeditious dispute resolution, thereby responding to the needs and increased sophistication of users of international arbitration. Finally, the procedure for challenging arbitrators has been improved.

Sustainability 52

Sustainability Efficiency Quality Management 52

Kluwer Arbitration

AUGUST 20, 2024

(unofficial translation) When a dispute arose in 2019, PPSB initiated arbitration and requested the Judge of the District Court of Rotterdam (“the District Court”) to appoint an arbitrator in accordance with Article 1027(3) of the Dutch Arbitration Act (“DAA”). CSW opposed this request, arguing that mediation should take place first.

Corruption 98

Corruption IT Purchasing Efficiency 98

Kluwer Arbitration

AUGUST 8, 2024

The judgment to lift the stay previously granted is an unusual one but the court determined on the facts of the case that the agreed terms between the parties allowed the Claimant to come back before the High Court to lift the stay if the Respondent did not engage with the arbitration in a timely and efficient fashion. While para.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

AUGUST 12, 2024

This article analyses in detail the multifaceted types of disputes involving businesses, as well as the responses by international arbitration institutions. By promoting the principle of Kompetenz-Kompetenz and advocating for greater transparency in public policy defences, this article contributes to the ongoing discussion on these issues.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

JULY 7, 2024

It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).

Education 52

Education Efficiency Integration Integrity 52

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. The 2024 Rules aim at increasing efficiency, flexibility and transparency of arbitral proceedings conducted under the auspices of the CRCICA.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

FEBRUARY 22, 2024

The Arbitration Law of 2012 (“Arbitration Law”), inspired by and modeled after the UNCITRAL Model Law On International Commercial Arbitration, was crafted to offer foreign investors with a reliable and efficient mechanism for resolving potential conflicts. Instead, it encourages amicable settlements wherever possible (Article 13, FIL).

Negotiation 52

Negotiation Influencing Efficiency Corruption 52

Kluwer Arbitration

MARCH 2, 2024

This article thus calls for a critical evaluation of the de novo standard with a view to developing a more balanced system that would pay due regard to the competing goals of efficiency and legitimacy of the arbitral process.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

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)

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

JUNE 14, 2024

Below, we examine the current state of play and how the task force’s recommendations could have a positive impact, improving the fairness and efficiency of arbitration proceedings. Although Article 9.2(b) c)) and “the need to maintain fairness and equality between the Parties” (Article 9.5(e)). a) of the IBA Rules).

Efficiency 52

Efficiency Accountability Corruption IT 52

Kluwer Arbitration

NOVEMBER 8, 2023

Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. An opt-out will do because it will often be efficient to adopt inquisitorial processes facilitating settlement. The above is an abbreviated version of an article published in the SchiedsVZ | German Arbitration Journal, Vol.

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

AUGUST 28, 2024

Recent legislative changes to article 63 of the Brazilian Civil Procedure Code (“BCCP”) have nevertheless altered the legal regime of EJAs. Article 63, ss. Article 63, ss. The latter is provided in article 63 of BCCP, which has been recently amended. The recently enacted Law No.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

JANUARY 19, 2024

On the other hand, the compétence-compétence principle, as explained by the Mexican Collegiate Circuit Courts (“ Tribunales Colegiados de Circuito ”), refers to the power of the arbitral tribunal to decide on its own jurisdiction, including objections relating to the existence or validity of the arbitration agreement ( See Article 1432 MAA).

Efficiency 52

Efficiency Integration Integrity IT 52

Kluwer Arbitration

JULY 4, 2024

Indeed, remote hearings have increasingly been lauded for their cost and time efficiencies. 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

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

NOVEMBER 26, 2023

The Structure of the New Arbitration Law The New Arbitration Law contains ten chapters which are divided into a hundred articles. Pursuant to Article 84, an application must be submitted to the Ministry of Justice for an arbitration centre to obtain a license. Details of the head of the arbitration centre. •

Electronics 52

Electronics Government Government IT 52

Kluwer Arbitration

NOVEMBER 23, 2023

Thus, Defendant alleged violation of the Chilean mandatory rules requiring that service of process for a civil lawsuit be carried out exclusively by a duly authorized public official (as stipulated in Article 40 of the Code). A very recent decision of the Court of Appeals of Santiago may be relevant to this point.

Freight 52

Freight Import Corruption Government 52

Kluwer Arbitration

AUGUST 29, 2024

In Switzerland, for example, the Swiss Federal Institute on IP will update the patent register if a Swiss court has declared the relevant arbitration award enforceable (see Article 177(1) of the Swiss Private International Law Act and the Swiss Federal Institute on IP’s Decision of 15 December 1975).

Influencing 52

Influencing Contract Corruption Efficiency 52

Kluwer Arbitration

SEPTEMBER 18, 2024

No Form Requirements for Arbitration Agreements in Commercial Transactions In line with Article 7 of the 1985 Model Law, the current German arbitration law requires arbitration agreements to be in writing and signed by all parties (Section 1031 ZPO). The 2006 Model Law introduced a second option for Article 7, dropping all form requirements.

IT 52

IT Electronics Efficiency Import 52

Kluwer Arbitration

JULY 17, 2024

This article considers the reasons why parties often choose to seat their arbitration in a foreign jurisdiction, looking in particular at commercial contracts in Pakistan with an arbitration clause seating the dispute in London. First, the legal system in England and Wales is considered reliable and efficient.

Thresholds 98

Thresholds Import Contract IT 98

Kluwer Arbitration

OCTOBER 20, 2024

The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity. One of the most innovative and exciting new provisions is Article 9A.1,

Efficiency 52

Efficiency Innovation Leadership Integration 52

Kluwer Arbitration

MAY 13, 2024

The agent’s first and second requests addressed the substantive claims on the basis of article 1074d of the Dutch Code of Civil Procedure (“DCCP”), pursuant to which the Dutch interim relief judge has jurisdiction if the requested decision cannot be obtained in a timely manner in arbitration.

Corruption 52

Corruption IT Efficiency 52

Kluwer Arbitration

MARCH 22, 2024

At the recent ICC Commission on Arbitration and ADR meeting in Paris, Richard Susskind invited those in the audience to consider what their clients really want in arbitration and ADR, and to come up with solutions to address what clients really want, rather than more efficient ways of doing what we have been doing so far.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

JUNE 25, 2024

AMCC’s attempt to obstruct the ICC Award on grounds other than Article V of the New York Convention of 1958 was rightfully dismissed by the Supreme Court. This development is likely to enhance the overall efficiency and effectiveness of the arbitration process in Pakistan.

Efficiency 52

Efficiency Corruption IT Government 52

Kluwer Arbitration

NOVEMBER 17, 2023

Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues related to arbitration agreements. This article elaborates on the context and pivotal holdings of the three remaining cases—Guiding Cases 199, 200, and 201.

Price 59

Price Negotiation Innovation Finance 59

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).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

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.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

DECEMBER 5, 2023

Tools to Efficiently Deal with Technology Issues in Arbitration The next panel discussion focused on technology disputes. Accordingly, the panel made clear that it was essential for virtually all arbitrators and arbitration counsel to develop and implement strategies for efficiently resolving technology issues in arbitration.

Ethics 52

Ethics Efficiency Participation Telecommunication 52

Kluwer Arbitration

MAY 11, 2024

Advancing ADR Efficiency through AI Integration The panel made a case for integrating AI into ADR, emphasizing its potential to make ADR processes faster, more efficient and cost-effective, and enhance fairness particularly for self-represented individuals and those involved in smaller non-complex disputes.

Participation 52

Participation Integration Integrity Efficiency 52

Kluwer Arbitration

JANUARY 23, 2024

In response, the Abu Dhabi Chamber of Commerce and Industry (“ Chamber ”) launched an initiative to improve the quality and efficiency of international dispute resolution in the Emirate. 34’s Article 6, which put DIAC in charge of administering DIFC-LCIA arbitrations as the latter’s replacement. million in value.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

MARCH 20, 2024

In this respect, the drafting of the rules is very broad, with article R27 providing that “ Such disputes may involve matters of principle relating to sport or matters of pecuniary or other interests relating to the practice or the development of sport and may include, more generally, any activity or matter related or connected to sport ”.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

OCTOBER 4, 2023

With specific reference to Article V(1)(a) of the New York Convention as incorporated in section 103(2)(b) , the Supreme Court expressly rejected Dallah’s concept of “deference” to the tribunal’s decision. (b) While the tribunal has the power to rule on its jurisdiction, this principle can be displaced by parties’ agreement.

Consulting 75

Consulting Participation IT Corruption 75

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.

Import 52

Import Finance Capacity Contract 52

Kluwer Arbitration

OCTOBER 16, 2023

This article provides an overview of these three latest legal developments in Hong Kong and at HKIAC. This interpretation was also consistent with the legislative purpose of the Ordinance, which is to resolve disputes fairly and efficiently through arbitration. The author reserves the right to amend her position if appropriate.

Efficiency 52

Efficiency Innovation Negotiation IT 52