Kluwer Arbitration

MARCH 20, 2025

Fast forward to the present, when international dispute resolution is one of the hottest areas of practice in the world. Going forward, my goal is to present articles that promote the same sense of wonder and enlightenment that I experienced when I first discovered Arbitration.

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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.

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Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

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Kluwer Arbitration

JUNE 6, 2024

Flexibility of Current Standards Building on this presentation, Justice Knowles discussed how the UK courts view these texts, and observed that so far, they have wisely considered that there may be more than needed. In order to counter-balance this, the tribunal decided to cross-examine one of the parties, in lieu of the opposing party.

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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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Kluwer Arbitration

MAY 5, 2024

These sessions deliberated on the past, present and future of ISDS from an Indian and global perspective. Ashwita Ambast (Legal Counsel, Permanent Court of Arbitration) and Amit Sibal (Senior Advocate, Supreme Court of India) presented the state’s perspective on ISDS and how the mechanism could be reimagined. Where do We Stand?

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Kluwer Arbitration

MAY 10, 2024

It reports on the last day of the Congress on Wednesday, 8 May 2024, which looked at the present and into the future to determine how new technologies may shape the human experience in international arbitration. This is the fourth post in ICCA’s series of reports on the ICCA 2024 Congress (“Congress”).

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Kluwer Arbitration

AUGUST 15, 2024

Although existing tools aim to streamline proceedings, they often overlook root causes of inefficiency, including the tendency of parties and counsel to focus on enforceability and prioritize the right to present their case at its fullest, fearing that efficiency compromises quality.

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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.

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Kluwer Arbitration

APRIL 3, 2024

In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration , sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements.

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Kluwer Arbitration

DECEMBER 8, 2023

An emerging theme from the Report is the conflict between parties’ desire to not be ‘cut-off at the knees’ when presenting their case and their wish for a more time- and cost-efficient approach to the resolution of their dispute. With this conflict in mind, it may fall on the tribunal to ‘tame’ the evidence.

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Kluwer Arbitration

FEBRUARY 29, 2024

In striking this balance, as acknowledged in Tui , the overriding criterion should be the overall fairness of the arbitration. It is also present in non-English seated arbitrations particularly if the tribunal has an English-law background. All errors are those of the author alone.

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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. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

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Kluwer Arbitration

SEPTEMBER 6, 2024

Benz , Elena Gutiérrez , Dr. Elina Mereminskaya , and Noradèle Radjai presented a selection of recent cases from different jurisdictions and asked the audience whether they would, in the respective situation, assume a due process violation or not. Panelists Jeffrey G. Kent , James Lloyd Loftis , Dr. Anke Meier , and Prof.

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Kluwer Arbitration

OCTOBER 27, 2023

They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. If these tribunal-directed renegotiation falter, they could resort to the final offer rule, according to which parties are requested to present a final offer, one of which will be accepted by the tribunal.

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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

JANUARY 13, 2024

Persuasion is a key element in any dispute, and to be able to present the case in the same language of any relevant document and relevant domestic legislation is a key factor. He also praised the balance achieved by the rules taking into consideration both states and investors’ interests. We ought to wait and see.

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Kluwer Arbitration

JULY 4, 2024

Pursuant to paragraph 2 of Annex 3, and as noted by Freedman J, the English court’s starting point is that videoconferencing is “inevitably not as ideal as having the witness physically present in court”. Update : Since this post’s publication, the judgment is now available on Westlaw.

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Kluwer Arbitration

OCTOBER 17, 2024

The Pacific region, with its rich tapestry of cultures and diverse political landscapes, presents both unique opportunities and formidable challenges for international arbitration. She noted that where there is a foreign party with little understanding of the cultural aspects at play, this can present difficulties.

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Kluwer Arbitration

JULY 12, 2024

Boog critiqued the current methods of presenting evidence to arbitrators, emphasising the need to adapt to the decreasing attention spans of younger generations. Delays often stem from the excessive and misleading presentation of documents. Smeureanu discussed expropriation protections.

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Kluwer Arbitration

SEPTEMBER 27, 2024

Within two years, he mentioned that numerous claims were presented to the dispute board, impacting positively the project’s progress. The discussions underscored the need for clear legal frameworks and the balance between regulatory intervention and legal security for investors.

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Kluwer Arbitration

MARCH 20, 2024

On General Role and Operation of CAS The event kicked off with a presentation by Hervé Le Lay of the general role and operation of the CAS. decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. This does not cover field of play matters (i.e.,

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Corruption Participation Import Thresholds 52

Kluwer Arbitration

APRIL 5, 2024

Climate Science and Investment Arbitration Caline Mouawad addressed the question of whether climate science could assist tribunals in striking a balance between investor claims and the State’s right to protect the public interest. The consensus reached was affirmative: climate science has a vital role in each stage of investment arbitration.

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Balance Capacity Corruption Efficiency 52

Kluwer Arbitration

FEBRUARY 19, 2024

Souza-McMurtrie presented BRAMIA as “a time-tested and conservative alternative to ISDS, that shifts perceptions of power back to the people while still protecting investors.” For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments. Guimarães Pereira and Leonardo F.

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Balance Negotiation Ethics Import 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.” See Cargill v. Mexico , ICSID Case No. ARB(AF)/05/2, Award, ¶ 290.

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Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Emotion AI can generate detailed behavior reports presented in a user-friendly format with visual graphs and data points. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. This technology finds applications in diverse areas, including image recognition and natural language processing.

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Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

OCTOBER 13, 2023

In addition, and to emphasise the new Article 28(1), the Amendment Law abrogated Article 33(3) of the 2018 Arbitration Law which provided that hearings may be held through modern means of communication, without the parties being physically present.

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Balance Corruption IT Integration 64

Kluwer Arbitration

JANUARY 14, 2024

The 2024 Rules are presently available in English and Arabic , with a French version expected to be made available soon. This post will present an overview of the key amendments and updates contained in the 2024 Rules. The 2024 Rules build on CRCICA’s accumulated experience in handling over 1670 cases since it was established in 1979.

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Kluwer Arbitration

JANUARY 5, 2024

At present, a substantial amount of FDI is moving in both directions, and therefore, one-sided interests of protecting one’s investors abroad or, conversely, being protective of one’s sovereign and domestic interests as a host state is no longer a reality.

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Kluwer Arbitration

NOVEMBER 21, 2023

There is indeed an important challenge in balancing the inherent right to enforce arbitral awards, an indispensable facet of the international arbitration process, with the nuanced legal terrain the ART is now building up.

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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. The panel was moderated by Simon Batifort (Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP).

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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. 109 of the Law no.

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Tracker Intelligence

DECEMBER 30, 2024

Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes. Aligning these goals with community priorities and adhering to legal requirements ensures a balanced approach.

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Kluwer Arbitration

JUNE 8, 2024

The discussions were held under the Chatham House Rule, with each panelist presenting his or her insights, followed by a moderated Q&A session. 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.

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Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

FEBRUARY 5, 2024

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. This makes the Judgment an important exposition of law in the field of arbitration for India.

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Kluwer Arbitration

JANUARY 17, 2024

and discourage parties from bypassing arbitration by presenting winding up petitions. 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 2) Limited v.

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Kluwer Arbitration

DECEMBER 24, 2023

With over 4,380 Blog posts published in almost 15 years of existence of the Blog, the diversity of topics and perspectives is impressive and constantly present, from posts authored by established arbitration practitioners to those authored by students aspiring to a career in arbitration.

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