Kluwer Arbitration

MARCH 31, 2024

On May 10, 2021, and following the provisions of clauses 12 and 18(2) of the Contract, the Buyer commenced arbitration proceedings, under the rules of the ICC, before a sole Arbitrator, in an abbreviated procedure, in which it demanded the restitution of the paid advance balance, plus interest, and costs.

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Kluwer Arbitration

AUGUST 28, 2024

This blog post addresses the risks arising therefrom and suggests measures to mitigate them. This approach arguably struck a sensible balance between party autonomy and due process considerations. Recent legislative changes to article 63 of the Brazilian Civil Procedure Code (“BCCP”) have nevertheless altered the legal regime of EJAs.

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Kluwer Arbitration

SEPTEMBER 27, 2024

She highlighted the relevance of ius variandi in investment arbitrations, where the ability of the state to unilaterally modify contractual terms must be balanced against the need to ensure stability and predictability for investors, thereby safeguarding their legitimate expectations and fostering a favorable investment climate.

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Kluwer Arbitration

JANUARY 30, 2024

These developments suggest a move towards a more balanced approach between investor rights and states’ environmental duties, potentially leading to significant reforms in investment arbitration, enhancing awareness of its current limitations, especially in addressing climate challenges.

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Kluwer Arbitration

FEBRUARY 19, 2024

The ECT Modernization: Withdrawals and Uncertainties Regarding the modernization of the ECT were extensively covered by the Kluwer Arbitration Blog , an agreement in principle was reached as of 2022. For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments.

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Kluwer Arbitration

FEBRUARY 8, 2024

Peter Sester analyzed the BGH’s position and put it within the context of international case law in this blog post. In practice, however, antitrust law-related disputes in arbitration are not so common that we expect to see a measurable uptick in related ancillary court proceedings.

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Kluwer Arbitration

SEPTEMBER 27, 2024

Professor Armesto highlighted the 2015 Paris Agreement (also reported here ), noting the difficult position of Latin American countries that must balance infrastructure development with environmental protection. Follow along and see all of Kluwer Arbitration Blog’ s coverage of CBAr 23rd International Arbitration Conference here.

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Kluwer Arbitration

JANUARY 10, 2024

The current framework of confidentiality of arbitration in Brazil As already noted in this blog, here and here , the Brazilian Arbitration Act does not expressly provide for confidentiality of arbitration proceedings. In a ruling rendered in the administrative proceedings CVM no.

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Kluwer Arbitration

MARCH 17, 2024

4) ( see prior Blog post for the substance of some of the arguments from these proceedings). In balancing the interests of the award creditor (DT) against those of the award debtor (India), the Berlin Court considered the low likelihood of India succeeding in the Second Swiss Proceedings (p. 13 and SICC decision , para.

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Kluwer Arbitration

SEPTEMBER 23, 2024

Kröll, thank you for joining the Kluwer Arbitration Blog! How do you balance the multiple competing demands on your time? The answer of my family and my assistants concerning the balancing would probably be: not very well. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series.

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Kluwer Arbitration

JULY 12, 2024

Gabor Damjanovic , Jens-Hendrik Janzen , Nadja Al Kanawati and Jan Dobrý debated some of the more controversial provisions introduced in the updated IBA Guidelines on Conflicts of Interest (see previous coverage of the Blog here ). Smeureanu discussed expropriation protections.

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Kluwer Arbitration

JUNE 8, 2024

Balancing the interests of investors and host states has become a focal point in these disputes, especially with the rising public scrutiny over climate change issues. While modern investment treaties often include provisions allowing legitimate environmental regulation, older treaties might not have such explicit carve-outs.

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Kluwer Arbitration

OCTOBER 9, 2023

Mr Martin, it is an honour to have you with us on the Kluwer Arbitration Blog! Do you think the balance is right in Australia? This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series. Are there any that stand out to you, and/or that you are perhaps particularly proud of?

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Kluwer Arbitration

FEBRUARY 29, 2024

In this blog post, we will discuss the most important changes to the NAI Rules. The balanced scrutiny of arbitral awards may be expected to improve the quality of awards, without prejudice to the discretion of the arbitral tribunal. Hetterscheidt, LinkedIn post, February 2024 ).

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Kluwer Arbitration

SEPTEMBER 3, 2024

On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. Kluwer Arbitration Blog, the Editorial Board, and this post’s authors make no representation or warranty of any kind, express or implied, regarding the accuracy or completeness of any information in this post.

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Kluwer Arbitration

JUNE 8, 2024

Enhancing Human Capabilities Speakers discussed the balance between the need for efficiency and speed in proceedings and the limitations of the human mind and cognition. This concludes Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024. See the remainder of our coverage here.

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Kluwer Arbitration

FEBRUARY 5, 2024

and Ors. (“ NN Global ”) covered in a previous blog post here. b) the Arbitration Act being a self-contained code, its “dependence on other legislations is either absent or minimal,” and (c) balancing party autonomy with referral to arbitration. Indo Unique Flame Ltd.

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Kluwer Arbitration

JANUARY 17, 2024

The views expressed in this blog post are those of the authors and do not represent the views of their firm. The authors wish to thank Aishwarya Jain for her assistance in preparing this blog post. 13) Telnic at [29]-[32]. References [ + ] References ↑ 1 Fastfreight Pte Ltd v. ↑ 2 Fastfreight at [36]. 2) Limited v. .

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Kluwer Arbitration

JANUARY 5, 2024

In view of these developments, this blog post intends to analyze the feasibility of multilateral investment treaty (MIT) negotiations. This includes both investment treaty negotiations as well as investor-state dispute settlement (ISDS) practices. This field of law has also been subject of a heated debate and a desire for reform.

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Kluwer Arbitration

NOVEMBER 21, 2023

At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART. As the Arbitration and Mediation Act 2023 (AMA) reshapes the legal landscape of dispute resolution in Nigeria, one of its remarkable provisions is the establishment of the Award Review Tribunal (ART).

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Kluwer Arbitration

DECEMBER 14, 2023

Welcome to the Kluwer Arbitration Blog, Mrs. Akeredolu! Balancing being Chairman at LACIAC and a Partner at Banwo & Ighodalo has certainly been challenging particularly in the area of time management. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series.

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Kluwer Arbitration

SEPTEMBER 29, 2023

Minister Shanmugam, SC noted the current issue of balancing States’ needs for regulatory space in protection of their sovereignty and public interest on the one hand and the protection of foreign investors on the other hand. The conversation then shed light on the challenges faced with the investor-State dispute settlement (“ISDS”) mechanism.

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Kluwer Arbitration

FEBRUARY 13, 2025

The majority of coverage on the Blog over the course of 2024 therefore focused on the Draft Act. Notably, authors of the Draft Act shared their views on the Blog , discussing the inspiration behind the Draft Act and the scope of changes it seeks to introduce. But some parts of the Draft Act have come under scrutiny on the Blog.

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Kluwer Arbitration

JANUARY 5, 2025

Relevant for this blog post, EA provisions as they usually stand, including under the 6th Edition of the Arbitration Rules of the SIAC (SIAC Rules 2016), do not allow a party to obtain ex parte relief, i.e. , no relief can be sought or granted without notifying all other parties to the dispute. That said, the EA process is far from a panacea.

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Kluwer Arbitration

MARCH 25, 2025

The Lahore High Courts recent judgment in SpaceCom International, LLC v Wateen Telecom Ltd 2024 LHC 5494 (SpaceCom) is a landmark pronouncement that seeks to establish a balanced and principled interpretation of the New York Convention (the Convention).

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Kluwer Arbitration

JANUARY 23, 2025

Our Blog reviewed the Chinese judicial practice after Brentwood v. Our Blog also explored other significant issues in recent PRC arbitration jurisprudence. Our Blog presented an overview of the key amendments and new updates in the 2024 Rules. The Blog also covered two major arbitration events in Hong Kong in 2024.

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Kluwer Arbitration

MARCH 19, 2025

In this blog post, well explore the significance of the Berman ruling and its impact on both local disputes and the broader landscape of international arbitration. This decision highlights the growing tension between Californias consumer protections and the federal policy favoring arbitration.

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Kluwer Arbitration

JANUARY 31, 2025

This blog post considers the risks of digital evidence manipulation, such as image and video enhancements, errors in OCR, compression algorithms, and automatic tagging (auto-tagging), which can distort or alter evidence. But what happens when the technology itself manipulates evidence without any direct human intervention?

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Kluwer Arbitration

MARCH 30, 2025

Previous coverage of the ASI Order can be found on this Blog here and here. Nevertheless, holding that UniCredit is acting in furtherance of its own commercial interests, the EWCA did not consider it a weighty factor to be placed in the balance against the revocation application.

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Kluwer Arbitration

FEBRUARY 23, 2025

This blog post is not aimed at analysing the specificities of this mechanism. 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

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Kluwer Arbitration

JANUARY 20, 2025

This post exclusively focuses on Working Group IIIs key milestones in 2024 and relevant contributions to the Kluwer Arbitration Blog (KAB), while the ECT modernization will be discussed separately. 126-27), it will be crucial for stakeholders to maintain inclusive and transparent dialogue to build a more balanced and effective ISDS system.

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Kluwer Arbitration

MARCH 31, 2025

The Rules represent a delicate balancing act in addressing issues of legitimacy while also focusing on efficiency. 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

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Kluwer Arbitration

FEBRUARY 18, 2025

This post first examines the gender balance and emerging arbitration hubs in Africa (Section 1). 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

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Kluwer Arbitration

JANUARY 15, 2025

Welcome to the Kluwer Arbitration Blog and our Interviews with our Editors series, Ms. Today, I am active in several associations, such as the Swedish Anti-Corruption Institute , the International Law Association , and the International Federation of Commercial Arbitration Institutions. Yes, of course!

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Kluwer Arbitration

JANUARY 11, 2025

On the publication of awards, the speakers discussed the delicate balance between the value of published awards in promoting consistency and legal development, while also highlighting the risks of breaching confidentiality and, therefore, losing one of the most appreciated benefits of the arbitration process.

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Kluwer Arbitration

FEBRUARY 8, 2025

This post reviews the key ECT-related developments of 2024 and highlights relevant contributions published on the Kluwer Arbitration Blog (KAB). 2024 witnessed significant developments concerning the Energy Charter Treaty (ECT), ranging from a new wave of withdrawals to the adoption of the modernised ECT in December.

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Kluwer Arbitration

FEBRUARY 5, 2025

Another key update in this regard is the substantive revision of investment protection provisions, which now better balance investor rights with the right of Contracting Parties to regulate within their territories. This interview is part of Kluwer Arbitration Blogs Interviews with Our Editors series.

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