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.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

Corruption 52

Corruption Balance Capacity Contract 52

Kluwer Arbitration

AUGUST 9, 2024

They noted that VR and AR can be costly, complex, and raise questions of confidentiality, reliability, and influence. Furthermore, the panel examined the use of virtual reality (“VR”) and augmented reality (“AR”) in arbitral hearings.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

JULY 30, 2024

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. 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

FEBRUARY 22, 2024

This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation. Instead, it encourages amicable settlements wherever possible (Article 13, FIL). Remarkably, the FIL does not prescribe a specific dispute resolution mechanism.

Negotiation 52

Negotiation Influencing Efficiency Corruption 52

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. Notably, as Eichberger argues, despite states withdrawing from the ECT, the sunset clause in Article 47(3) continues to extend investment protection for fossil fuels for twenty years post-withdrawal.

Influencing 59

Influencing Balance Risk Management IT 59

Kluwer Arbitration

OCTOBER 4, 2024

Recent developments, such as potential statutory adjustments in England and Wales influenced by recommendations from the English Law Commission, underscore the need for clarity in governing law determinations. The paper also addresses enforcement challenges, particularly in light of Article V(2)(b) of the New York Convention.

Influencing 52

Influencing Distribution Corruption Evaluation 52

Kluwer Arbitration

SEPTEMBER 29, 2024

Spain argued that EU state aid rules (Articles 107 and 108(3) of the Treaty on the Functioning of the European Union (“TFEU”)) necessitate European Commission approval for adhering to such an arbitral award, otherwise it would constitute unlawful state aid. Considering the parties’ positions, the Amsterdam Court sided with Spain.

Influencing 52

Influencing Corruption IT Government 52

Kluwer Arbitration

JUNE 7, 2024

For instance, Russian counter-sanctions and legislative reforms, such as Article 248 of the Russian Civil Procedure Code, allow Russian courts to assert jurisdiction over disputes involving sanctioned parties, notwithstanding arbitration agreements specifying foreign forums. The following sections examine some of the most recent developments.

Influencing 52

Influencing Logistics Export Collaboration 52

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.

Capacity 52

Capacity Influencing IT Corruption 52

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.

Influencing 52

Influencing Corruption Participation IT 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

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.).

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

FEBRUARY 18, 2024

A ‘non-stabilisation clause’ is contained in paragraph 2 of the Article, which states that a BIT is not interpreted as a host State’s commitment that it will not change the legal and regulatory environment which may affect an investor’s expectation of profits.

Negotiation 52

Negotiation Supply Chain Transparency Education 52

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.

Finance 40

Finance Influencing Capacity Corruption 40

Kluwer Arbitration

JANUARY 22, 2024

This would be in line with article 125 of the Civil Code 19 of 2001 which addresses the interpretation of contracts. This article provides that where the wording of a contract is clear, it cannot be deviated from in order to ascertain, by means of interpretation, the parties’ intention.

Influencing 52

Influencing Contract IT Corruption 52

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. The Tribunal’s finding was that the Government’s obligations under Article 6 (b) were not conditional upon P&ID having constructed the GPFs. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

SEPTEMBER 27, 2024

In the first case, the buyer is obligated to pay the minimum amount, whereas in the second case, the clause might be adapted pursuant to Articles 112 and 113 of the Brazilian Civil Code. He mentioned the FIDIC contracts and Article 7.1.6 In addition, ChatGPT has also been used to help shorten the post.

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

MARCH 22, 2024

A number of studies have demonstrated the potential for AI to predict judicial outcomes with a high degree of accuracy, based on previous decisions, as outlined by Professor Dr Maxi Scherer in her most recent article on this topic entitled “ Artificial Intelligence in Arbitral Decision-Making: The New Enlightenment?”

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

JANUARY 23, 2024

Contrary to the SCCA Arbitration Rules, which set the timeline for rendering expedited awards at 6 months ( Appendix II, Article 10(2) ), arbitrateAD has chosen to adopt a shorter deadline that will be made public together with the issuance of its rules. million in value. 34 of 2021 (“ Decree No. The judge refused to give effect to Decree No.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

SEPTEMBER 24, 2024

The ACM, by contrast, based its above-mentioned decision on these amendments, namely, Article 248.1(4) Nevertheless, even if it initially seems that all sanctioned Russian parties have little incentive beyond withdrawing from arbitration agreements to resolve disputes in Russian courts, various factors could influence their decision.

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

NOVEMBER 21, 2023

The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. The availability of ISDS significantly influences investors’ decisions. At least not explicitly.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 27, 2024

This partially contradicts, however, the provisions of the Brazilian Civil Code , which expressly states in Article 112 that in declarations of intent, more attention should be given to the intention embodied in them than to the literal meaning of the language. Therefore, it involves available rights that can naturally be arbitrable.

Insurance 52

Insurance Price Balance Import 52

Kluwer Arbitration

DECEMBER 12, 2024

She offered a taxonomy of these disputes, based on the nature of the parties involved, their forum, and their legal basis, and she stressed that they have the potential to influence the conduct of both States and private actors. of the Paris Agreement.

Finance 52

Finance Sustainability Balance Export 52

Kluwer Arbitration

APRIL 1, 2024

Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

MAY 9, 2024

This article leverages that knowledge. As with most junk food, it influences our brain reward system, releasing dopamine and providing a rush of satisfaction. This is not an attempt to summarize them, but rather to present the topic in a different light. Welcome to the Arbitouille ! Bon appétit!

Influencing 52

Influencing Corruption IT Purchasing 52

Kluwer Arbitration

MARCH 21, 2024

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 Firstly , if we consider the case of true friends, the disclosure is obviously required. Hope to see you there!

IT 52

IT Participation Influencing Corruption 52

Kluwer Arbitration

JANUARY 26, 2024

French courts continue to exercise full control over tribunals’ jurisdictional decisions under Article 1520(1) of the French Code of Civil Procedure (the “CCP”). Although the CoA may have been influenced by the exceptional circumstances of the case (i.e. Any views expressed in this post are the authors’ only.

Influencing 52

Influencing Corruption IT Accountability 52

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.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

MARCH 21, 2024

Hjartardottir noted that they see a rise in cases involving anti-arbitration injunctions issued by Russian courts on the basis of Article 248.1 However, their future trajectories are somewhat constrained by current geopolitical events and the interplay between competing powers seeking to broaden their spheres of influence.

Influencing 52

Influencing Finance Distribution Business Strategy 52

Kluwer Arbitration

MARCH 12, 2024

This also stands confirmed by earlier reporting on the Blog here , which could be said to overreport on the scope of the amendments introduced by the Amendment Law as a result of it setting out in full the text of the entire articles (as opposed to the individual provisions) of the FAL that have been amended. the FAL as amended]” ).

Media 52

Media Influencing IT Corruption 52

Kluwer Arbitration

MARCH 20, 2024

Despite the LCIA’s default rule that the institution selects the tribunal members ( Article 5.6 Further, appointments are more and more influenced by the utmost necessity to promote diversity, in all circumstances. For example, in 2023, there was an institutional appointment by the SCC in 37% of cases.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

FEBRUARY 8, 2024

Yet, the Court decided to exercise its “discretion under [Article 34(2) of the Model Law] not to set aside the award.” Said arbitrator was, therefore obliged to disclose the State’s “offers” to appoint him to those rosters because those offers were likely to give rise to justifiable doubts as to his impartiality or independence. 123). . *

Influencing 52

Influencing Logistics Corruption Contract 52

Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. The focus is to ease access to Japanese courts for enforcing arbitration awards.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52