Kluwer Arbitration

JUNE 12, 2024

It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). Furthermore, there is also excitement due to Article 7.1(3)(b), Specifically, Article 7.1(3)(a) Specifically, Article 7.1(3)(a)

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Consulting Negotiation IT Corruption 64

Kluwer Arbitration

NOVEMBER 29, 2023

India formally objected to Pakistan’s unilateral application to the PCA for arbitration and called for modifications to the IWT under Article XII(3) of the IWT. Article IX, IWT ) Seemingly, Pakistan bypassed the graded mechanism and directly escalated the dispute to the third stage.

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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.

Negotiation 52

Negotiation Influencing Efficiency Corruption 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

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

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

Negotiation 52

Negotiation Supply Chain Transparency Education 52

Kluwer Arbitration

DECEMBER 22, 2023

This article does not centre around C v D , but rather aims to discuss the perspective of Vietnamese courts regarding non-compliance with pre-arbitral requirements or preconditions to arbitration. The HKCA’s decision was reaffirmed by the HKCFA earlier this year. The HKCFA dismissed this argument as “untenable.”

Negotiation 52

Negotiation Contract Corruption IT 52

Kluwer Arbitration

FEBRUARY 25, 2024

2 might be in breach of Article 26 of the ICSID Convention. These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This piece was prepared by the author in her capacity as an Associate Editor of the Kluwer Arbitration Blog.

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Negotiation Framework Agreement Capacity Import 64

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 Negotiation Integration 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

JUNE 15, 2024

A withdrawal takes effect one year after the receipt of the notification of withdrawal by the ECT’s depositary under Article 47(2) of the ECT, leading to the UK’s withdrawal becoming effective on 27 April 2025 (as also noted in the ECT Secretariat’s press release ). At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation Corruption 52

Kluwer Arbitration

SEPTEMBER 28, 2023

This article highlights the backgrounds and key holdings of Guiding Cases 196, 197 and 198 (the first three of the six guiding cases, which focus on several pivotal issues related to the arbitration agreement) and seeks to explain the significance behind these court decisions. The FICC first affirmed its jurisdiction to review this issue.

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Negotiation Contract Transportation Transportation 40

Kluwer Arbitration

NOVEMBER 28, 2023

The offer of arbitration contained in Article XI gives the investor a choice to submit the dispute to the local courts, ICSID arbitration or the Additional Facility, and if none of the former is available, arbitration under the UNCITRAL Arbitration Rules. On the basis of Article 31.3.c) c) of the VCLT ” (See para.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

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. As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. Commonly, the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention ( e.g. , Article 34 of the UNCITRAL Model Law ).

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Fairbairn [1942]; Taylor & Anor v.

Contract 52

Contract Balance Negotiation Insurance 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. These are important considerations for contracting parties negotiating the seat of arbitration in any contract.

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Thresholds Import Contract Negotiation 98

Kluwer Arbitration

DECEMBER 12, 2023

The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. 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.

Negotiation 52

Negotiation Capacity Government Government 52

Kluwer Arbitration

FEBRUARY 12, 2024

Functional Jurisdiction of the Competent Court The Appellant’s second challenge concerned the interpretation and application of Article 226 of the UAE Federal Law No. In dismissing this challenge, the CoC held that Article 226 primarily addresses territorial (or geographical) jurisdiction.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JANUARY 24, 2024

Articles 11 and 22 of the Model BIT require investors to respect the indigenous communities’ biological resources, diversity, rights to intellectual property, traditional knowledge, and culture and to allow those communities to file amicus curiae briefs in arbitrations. Similarly, Article 46.1

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Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

AUGUST 4, 2024

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal. Even less, treaties can shield investors from risks inherent in the nature of the business or operation itself.

Insurance 52

Insurance Sustainability Negotiation Price 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.). 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

MARCH 31, 2024

After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”. The Seller was not notified of the arbitration proceedings, failing to comply with the requirement in Article 36 of Law No. of the CPC. of the CPC.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

FEBRUARY 13, 2024

From an EU law perspective, the ECT is a mixed agreement , meaning the agreement is concluded both by the EU and by the EU Member States where there is a shared competence ( Article 4, Treaty of the European Union (“TEU”)).

Negotiation 59

Negotiation Corruption IT Integration 59

Kluwer Arbitration

JANUARY 3, 2024

Investors may also “ utilize IIAs as a bargaining chip to bring governments to the negotiating table to partially replace corporate income tax incentives with economically similar benefits, while officially being taxed at the effective minimum rate ” ( UNCTAD , p. of the OECD P2 Model Rules.

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Negotiation Utilities Corruption IT 59

Kluwer Arbitration

MAY 5, 2024

In this regard, the Indian government has taken some positive steps by expressly recognising environment protection under Article 8 of the Comprehensive Economic Partnership A greement between India and Japan and Article 5.5 Rowley, KC observed that treaties have to be negotiated like contracts.

Balance 52

Balance Negotiation Sustainability Accountability 52

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. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. The tribunal reached this conclusion based in article 712 of the Paraguayan Civil Code, 2) Civil Code, art. 6) Article 5:106 – Terms to be given effect.

Contract 52

Contract Import Negotiation IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

But unlike the fair administrative treatment in the PIA, the standard under Article 14 does not, at least explicitly, protect investors from arbitrary or manifestly arbitrary measures. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force.

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Balance Negotiation Thresholds Ethics 52

Tracker Intelligence

FEBRUARY 16, 2025

This article, which compares public and private procurement, gives suppliers the confidence to move in both markets. Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers. However, private-sector procurement is much more flexible.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

OCTOBER 14, 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

Contract 52

Contract Sustainability Negotiation Import 52

Kluwer Arbitration

MARCH 22, 2024

The dexterity to combine different ADR services allows dispute resolution tools to be tailored to the dispute and parties at hand, and may give parties the best chance of a negotiated settlement, alongside an opportunity to maintain their business relationships. AI is developing at an exponential pace.

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Kluwer Arbitration

NOVEMBER 18, 2023

The panel noted that parties (including Japanese and Korean companies) who go through lengthy negotiations before the arbitration is commenced often can be unwilling to make a settlement offer once the arbitration is commenced. More coverage from Seoul ADR Week is available here.

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Management Data Negotiation Participation 52

Kluwer Arbitration

MARCH 11, 2024

Concluding Remarks Small island states were instrumental in the drafting of Article 8 of the 2015 Paris Agreement which recognises the importance of “averting, minimizing and addressing loss and damage associated with the adverse effects of climate change.” Article 8 stops short of providing a basis for any liability or compensation.

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Capacity Import Negotiation Finance 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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient.

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Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

MARCH 20, 2024

One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.

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