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). On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

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Efficiency Ethics Negotiation Participation 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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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”. On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250. The seat of the arbitration was Singapore.

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Buyers Balance Price Contract 52

Kluwer Arbitration

FEBRUARY 22, 2024

Rodrigo Bahia explained these put them ‘in line’ with the principles of the rest of the industry internationally which supports levelling the playing field for negotiations, even though the templates still present important concerns. It’s a balance. Rodrigo added that the enforceability of these clauses is yet to be tested.

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Negotiation Public Private Partnership Insurance Procurement Team 52

Kluwer Arbitration

NOVEMBER 3, 2023

In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. Pursuant to Municipal Decree No. 3,066/2007, the matter was evaluated by the Mirassol Water and Sewage Services Regulatory Agency (“ARSAE”), which denied the request in the administrative sphere.

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Participation Evaluation Bidding Public Bidding 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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Kluwer Arbitration

JANUARY 13, 2024

In his words, the two necessary elements for a mediation to be potentially successful were: (i) a clearly authorized government official who has the capacity to conduct the negotiations, and (ii) the State’s will to reach an agreement. However, governments officials usually lack the authority and interest to mediate. We ought to wait and see.

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Tracker Intelligence

DECEMBER 30, 2024

Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

OCTOBER 28, 2024

Kosovo Can Seek Compensation for Investor-caused Damages To maintain a balanced relationship between the host state and the investor, Chapter II of the 2024 Law on Sustainable Investments outlines not only the rights but also the obligations of investors.

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Sustainability Balance Negotiation Corruption 98

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.

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Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

DECEMBER 14, 2024

This article therefore discusses the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and provides some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome. All prospective contributions should be in accordance with the guidelines set out here.

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Management Corruption Negotiation Import 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. It’s a fine balance. Contrastingly, BRAMIA allows some state and social control over dispute proceedings. Yet, BRAMIA is not a universal solution.

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Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. It’s a fine balance. Contrastingly, BRAMIA allows some state and social control over dispute proceedings. Yet, BRAMIA is not a universal solution.

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Balance Transparency Contract Tender 52

Kluwer Arbitration

NOVEMBER 28, 2023

Under the same rationale a similar principle of in dubio pro investor could have a place in international investment law, given that the foreign investor does not participate in the negotiations of BITs, or the drafting of foreign investment legislation.

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Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments. Yet, it is never an easy job.

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Balance Negotiation Ethics Import 52

Kluwer Arbitration

JUNE 8, 2024

Third , investors might negotiate new or amend existing contracts with EU member states or their agencies to include provisions for arbitration with substantive protections, preferably seated outside the EU. Finally, it was recalled that the ECtHR has also contributed to this discourse, notably in cases like the KlimaSeniorinnen v.

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Kluwer Arbitration

FEBRUARY 10, 2024

In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” The cited document is the January 2023 draft version of the Protocol.

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Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

MARCH 25, 2024

Therefore, he emphasized the need to find the right balance between the protection of these important public policy goods and promoting and attracting FDI to foster economic development and increase the standard of living. In sum, the main take away of this rich panel discussion was that the right balance must be found.

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Balance Export Sustainability Import 52

Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. Serzo agreed that for disputes involving cross-border parties, arbitration is preferred, given its flexibility. This article is submitted in a personal capacity.

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Kluwer Arbitration

FEBRUARY 17, 2025

This provision enables contractors to trigger a negotiation if exceptional circumstances of a general nature make a term of the contract particularly onerous, and ultimately opens the door for the court to reduce the burden of the obligation. We look forward to attending the SCCA 25 Conference !

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Price Supply Chain Balance Negotiation 52

Kluwer Arbitration

NOVEMBER 16, 2024

Security for costs –– a balancing act Following welcome remarks from Caroline Falconer, Secretary General of the SCC, Dr Baltag introduced the topic of security of costs as being one of the timely topics currently addressed in international arbitration. Stockholm University and member of the Board of the SCC.

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Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. Enforcing ethical standards in arbitration requires striking a balance between accountability and confidentiality. The DJO decision suggests that this balance may not be sufficiently well-struck.

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Accountability Balance Import Tender 52

Kluwer Arbitration

JANUARY 18, 2025

Due to the short timelines of emergency arbitration proceedings, an application filed during an inconvenient time of year can compel even the most intransigent parties to come to the negotiation table. He observed that a mere (but credible) threat of emergency arbitration often serves as a powerful tool to de-escalate conflicts.

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Kluwer Arbitration

FEBRUARY 18, 2025

This post first examines the gender balance and emerging arbitration hubs in Africa (Section 1). While the AfCFTA DTP has been adopted, negotiations on its eight annexes, covering crucial areas such as cross-border data transfer, digital payments, and online safety, are ongoing. Significant Arbitration Cases a.

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Kluwer Arbitration

NOVEMBER 15, 2024

Finally, Thierry Tomasi shared his experience with investment funds in France, noting how cultural differences can shape disputes, particularly around contract negotiation and document production. He also expressed curiosity about the effectiveness of the “ carta arbitral ” in facilitating communication between arbitral tribunals and courts.

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Negotiation Import Efficiency Integration 52

Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. TPP’s active and leading involvement in the negotiation and implementation of the project, coupled with an amendment that TPP signed as a party, further solidified its status. f) limited claims to Greenfield.

Contract 52

Contract Negotiation Transportation Transportation 52

Kluwer Arbitration

JANUARY 20, 2025

the first KAB post on ISDS reform in the year, explored the feasibility of negotiating a multilateral investment treaty in todays global landscape, exploring both the opportunities and challenges involved. Multilateral Instrument on ISDS Reform 2024 also marked the drafting of a multilateral instrument on ISDS reform. 9/WG.III/WP.246),

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Balance Finance Capacity Budget 52

How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

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Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

FEBRUARY 5, 2025

I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty. How has your experience been so far?

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Negotiation Sustainability Contract Finance 52

Kluwer Arbitration

JANUARY 15, 2025

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. Each decision is tailored to the specific circumstances of the case, ensuring a balanced, competent, and diverse tribunal.

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