Kluwer Arbitration

DECEMBER 10, 2023

Leveraging arbitration’s strengths can ensure smooth integration of data privacy protection in our interconnected world, balancing individual rights with the ever-growing demand for data. Therefore, any proposed dispute resolution mechanism should permit balancing privacy rights and public interests.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

OCTOBER 14, 2023

She also highlighted the importance of preserving key principles such as procedural fairness and due process, whilst also promoting innovation and adjustment, and ensuring every voice is heard. The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices.

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

AUGUST 10, 2024

This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental rules in practice. To restore balance, the commentary advocates for a framework guided by the police powers doctrine, enriched by the principle of proportionality.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

SEPTEMBER 6, 2024

A series of follow-up polls revealed that most participants considered arbitrators to be the most important safeguard of due process, far ahead of state courts. Christophe Seraglini and moderated by Anne Véronique Schlaepfer , discussed the balancing act that arbitrators face in ensuring the right to be heard.

Participation 52

Participation Import Balance Corruption 52

Kluwer Arbitration

JUNE 9, 2024

The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

AUGUST 15, 2024

Matheus López, A New Conceptual and Applicable Proposal on the Independence and Impartiality of the Arbitrator This article addresses the important issue of the independence and impartiality of the arbitrator. First, I propose a multi-step model that allows us to analyse a specific case.

Efficiency 52

Efficiency Balance Corruption Transparency 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. Cultural Bias Relative to Matters of Substance The most important passage in the whole opinion is the one contained in paragraph 314. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

MAY 10, 2024

On the issue of limitations of AI, Moloo contributed by noting the importance of human input. Moloo further added that humans would always want complex and nuanced cases to involve human judgment, which raises the dilemma of how to balance the efficiency of AI and these human subjectivities in practice.

Efficiency 52

Efficiency Innovation Balance Integration 52

ivalua

MARCH 16, 2022

Not surprisingly, risk management and cost reduction are considered the most important priorities for Procurement professionals (see image 1). . On the increased importance of managing risk. Balancing the drive for cost-efficiency with the need to innovate. Procurement Priorities. Leaving themselves extremely exposed.

Procurement 52

Procurement Risk Management Supplier Procurement Team 52

Open Contracting Partnership

FEBRUARY 1, 2024

We are also very pleased that we achieved one of the closest gender balances in survey responses last year, closing the gap between Men and Women from a 22% differential in 2022, to an 11% differential in 2023. These will be important points to double down on in our new strategy.

E-procurement 68

E-procurement Public Procurement Capacity Sustainability 68

Kluwer Arbitration

MAY 2, 2024

In Carmichael v BBC , proof on the balance of probabilities was considered on two levels: proof of what laws will be applied and proof of how those laws will be applied. Instead, the facts relied on must be capable of demonstration on the balance of probabilities at the time the court decides the issue.

Balance 52

Balance Corruption Manufacturing IT 52

Kluwer Arbitration

MAY 5, 2024

She highlighted the importance of establishing clear obligations, noting that the Code sets out a non-exhaustive list of “risks of behaviour” which might suggest a lack of independence or impartiality. He observed that for India to pursue its goal of stable economic development, it was important to instil confidence amongst investors.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

MARCH 2, 2024

However, while seeking to preserve important public policy objectives, de novo review may sometimes lead to inefficiencies and unfairness in the process, contrary to arbitration’s stated goals of obtaining the fair resolution of disputes without unnecessary delay or expense.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Provisional measures can be awarded, applying the classic criteria in arbitration of risk of irreparable harm, chances of success and balance of the parties’ interests. Finally, Prof.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

MARCH 20, 2024

Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. The panel agreed that standard clauses are simple enough, and should be adapted only when there is a specificity in the case. Lawyers need to be on top on that. How Arbitrators Are Picked?

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

JANUARY 5, 2024

Some of the most appealing developments are discussed below: The Divide Bridged Between the Capital-Exporting and Capital-Importing Countries Toward the end of the 1990s, when the last attempt was made to negotiate the OECD MAI, FDI was exclusively flowing from developed to developing countries. What Are the Challenges in Negotiating MIT?

Negotiation 52

Negotiation Export Import Sustainability 52

Inter-American Development Bank

JULY 18, 2024

This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Ensuring ease of doing business by simplifying bureaucracy and regulations, combating corruption, and advancing research and development.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

AUGUST 28, 2024

This approach arguably struck a sensible balance between party autonomy and due process considerations. They do so by importing foreign legal concepts into Brazilian law, without due consideration to the potential implications arising from their practical application.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

JULY 12, 2024

Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. of the VIAC Rules ). Smeureanu discussed expropriation protections.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

JULY 4, 2024

In Freedman J’s view, the disruption to that witness and his work obligations was outweighed by the importance to the administration of justice that he gave evidence in person. Thus, Freedman J considered that fairness in the case required all parties to appear before the court in person.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

FEBRUARY 19, 2024

The analysis underscored that eliminating ISDS “could potentially deprive small or medium-sized firms—who, as the data indicates, are the primary users of ISDS and use it primarily to obtain financial compensation—of an important avenue for redress” and might not effectively address the regulatory chill issue. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Soft skills, such as perceiving and responding to implicit cues, are important for fostering an empathetic and responsive dialogue. The importance of this was illustrated by the refusal of the Court of First Instance of Hong Kong (“Court”) to enforce an arbitral award for an arbitrator’s lack of attention.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

FEBRUARY 5, 2024

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“ Judgment ”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. This makes the Judgment an important exposition of law in the field of arbitration for India. Indo Unique Flame Ltd.

Import 52

Import Balance Contract IT 52

Kluwer Arbitration

APRIL 24, 2024

This conclusion was particularly concerning to Judge Rogers, who pointed out the importance and economic benefits that were vested in arbitration in the aftermath of the Second World War. Second, the court might need to balance the political concerns of sovereign equality and the relationships between the EU and the U.S.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

JUNE 5, 2024

He called for a balance between leveraging new technologies and preserving the integrity and fairness of the arbitration process. The panellists emphasized the importance of a robust legislative framework and the integration of international arbitration standards to attract foreign investment.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

NOVEMBER 9, 2023

Rather quickly, the panelists agreed that, as the complexity of an arbitration increases, the contribution of a tribunal secretary can be key to ensuring a cost-effective arbitration by off-loading from tribunal members time-consuming tasks with no import on the disposition of the parties’ dispute.

Balance 52

Balance Corruption Quality Efficiency 52

Kluwer Arbitration

NOVEMBER 21, 2023

Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration. To address this ambiguity, it is advisable for parties to explicitly outline the procedure in the arbitration agreement while awaiting clearer case law on this important point.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

JANUARY 18, 2024

Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. The parties have to make corresponding provisions in their balance sheets and the labour of their employees is utilised for an indefinite period of time.

Balance 52

Balance Corruption Import IT 52

Kluwer Arbitration

JUNE 8, 2024

This ICCA Congress had as its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. Referring to his seminal book ( Dealing in Virtue , 1994), Garth discussed the role and importance of people in developing arbitration.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

APRIL 3, 2024

This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.

Influencing 52

Influencing Balance Import Capacity 52

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.

Influencing 59

Influencing Balance IT Risk Management 59

Kluwer Arbitration

APRIL 1, 2024

As the criticisms of ISDS intensify, this year’s panel focused on the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”) , and at the unilateral, bilateral and regional levels.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

JANUARY 10, 2024

The Resolution is, thus, aligned with CVM’s administrative rulings concerning the balance between, on the one side, the right of full disclosure to investors, and on the other side, the confidentiality of arbitration proceedings imposed by institutional rules. In a ruling rendered in the administrative proceedings CVM no.

IT 52

IT Transparency Balance Corruption 52

How to Crack a Nut

MARCH 10, 2023

This creates a regulatory gap —or rather a laissez faire environment—whereby the public sector is allowed to experiment with the adoption of digital technologies without clear checks and balances. The current strategy is by and large one of ‘experiment first, regulate later’.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

JANUARY 2, 2024

All this is to be balanced with the desire and right of the claimant to have its claim resolved. Given the importance of England as an international arbitral seat, the book will be of interest to a wider global audience with an interest in international arbitration.

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

FEBRUARY 8, 2024

In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.

Participation 59

Participation Efficiency Balance IT 59