Kluwer Arbitration

NOVEMBER 15, 2024

This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. The media is important but needs to be prepared to cover arbitration effectively. Niamh Leinwather , discussed the media’s influence on arbitration. The final panel of the day, moderated by Ms.

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

NOVEMBER 26, 2024

She concluded that the District Court’s decision was reasonable because it balanced the U.S. Judge Pan further noted that while the majority correctly defined important factor to be “respecting the sovereignty of the nations,” they overlooked the significance of protecting investors and upholding the rule of law, which are equally important.

Balance 52

Balance Import Corruption IT 52

Kluwer Arbitration

OCTOBER 7, 2024

Nonetheless, the tribunal underscored the importance of proactive conflict disclosures, and advocated for a rigorous assessment to avoid risks associated with non-disclosure and potential ethical concerns. This scenario falls under the Green List, which neither indicates a conflict of interest nor imposes a general duty to disclose.

Ethics 52

Ethics Balance Import Integration 52

Kluwer Arbitration

NOVEMBER 28, 2024

This decision is a reminder of the pro-enforcement approach of the Dutch courts, which, together with a liberal attachment regime and a high number of companies with assets in the Netherlands, makes it an important and attractive jurisdiction for enforcement purposes. First, the Court recalled (para.

Participation 52

Participation Balance Import Thresholds 52

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

SEPTEMBER 27, 2024

Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. She cited an ICC case Refinería de Cartagena S.A.S.

Insurance 52

Insurance Price Balance Contract 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

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

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

Kluwer Arbitration

NOVEMBER 15, 2024

First Panel: Investment Funds in Arbitration Moderated by Juliana Botini , this panel opened with Marina Copola (Commissioner from the Securities and Exchange Commission of Brazil – CVM) outlining key aspects of CVM’s Resolution 175 , which plays an important role in clarifying the roles of asset managers and fiduciary administrators.

Negotiation 52

Negotiation Efficiency Import Integration 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 76

E-procurement Public Procurement Capacity Procurement 76

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

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

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

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

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

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

NOVEMBER 5, 2024

These grounds typically include lifting: against having procured sufficient security for the creditor’s claim; when formalities have been neglected; when the attachment is manifestly unnecessary; when the claim for which the attachment is levied is evidently without merit; or when a balancing of interest weighs in favor of lifting.

Balance 52

Balance Engineering Procurement IT 52

Kluwer Arbitration

OCTOBER 15, 2024

However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. The panel also stressed the importance of delivering on environmental and cultural commitments in order to build positive relationships and avoid disputes.

Price 59

Price Negotiation Finance Accountability 59

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

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

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

SEPTEMBER 27, 2024

Mr. Vasconcellos stressed the importance of carefully drafting these clauses to avoid interpretative confusion in case of disputes. She emphasized the importance of precise language to avoid ambiguities. Turning to the topic of non-indemnity clauses and indemnity limitation clauses, Ms. Finally, Ms. In her first year as President, Ms.

Sustainability 52

Sustainability Contract Import Buyers 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

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

NOVEMBER 25, 2024

What is more, and this is important, even if arbitration was allowed to continue (for instance, because the State where the seat is located has not adopted article 20 UMLCBI, or because the stay was lifted by the courts of the seat), this would not necessarily lead to the enforcement of any award that could be issued against the insolvent party.

IT 52

IT Government Government Capacity 52

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

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 Insurance 52

Kluwer Arbitration

OCTOBER 17, 2024

This discussion underscored the critical need for ongoing reform and capacity building, while also highlighting the importance of cultural sensitivity and local engagement. Fiji’s international Arbitration Regime—A Trailblazer? This concludes our coverage of Australian Arbitration Week 2024.

Capacity 52

Capacity Balance Import Corruption 52

Federal News Network

NOVEMBER 9, 2023

I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. They’re going to have to really balance these risks going forward. Tom Temin As the old saying goes, it’s complicated. Justin Chiarodo It is complicated. It’s getting tremendous attention.

Export 100

Export Supply Chain Manufacturing Participation 100

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

MARCH 2, 2024

P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official. Inadequate Representation: Should a Tribunal Do More?

Corruption 52

Corruption Ethics Transparency Import 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

DECEMBER 8, 2023

Ultimately, it is about finding a balance between giving parties a reasonable (but not exhaustive) opportunity to present their case (and evidence) and resolving the dispute in a time- and cost-efficient way. Finding this balance is far simpler in theory than in practice, as an examination of the different types of evidence reveals.

Efficiency 52

Efficiency Buyers Balance Influencing 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