Kluwer Arbitration

APRIL 13, 2024

Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations. Kuantyrov enumerated a few challenges that emerging economies such as Kazakhstan face when negotiating BITs with big economic players in relation to leverage and experience.

Negotiation 52

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

Efficiency 52

Efficiency Ethics Negotiation Participation 52

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. Westinghouse (1984) and Gasum v.

Contract 52

Contract Balance Negotiation Insurance 52

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.

Balance 52

Balance Negotiation Ethics Import 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.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Federal News Network

NOVEMBER 9, 2023

company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. Not necessarily just weapons.

Export 111

Export Supply Chain Manufacturing Participation 111

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.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 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”. 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.

Buyers 52

Buyers Balance Price Contract 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.

Participation 52

Participation Evaluation Bidding Public Bidding 52

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.

Balance 52

Balance Transparency Negotiation Government 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.

Import 52

Import Efficiency Negotiation 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.

Balance 52

Balance Contract Transparency 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.

Balance 52

Balance Contract Transparency Tender 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.

Influencing 52

Influencing Balance Negotiation Corruption 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.

Balance 52

Balance Export Sustainability Import 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

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.

Balance 52

Balance Negotiation Thresholds Ethics 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.

Negotiation 59

Negotiation Balance Contract Corruption 59

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.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

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.

Purchasing 52

Purchasing Participation Efficiency Influencing 52