Kluwer Arbitration

OCTOBER 14, 2023

The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices. Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated in an ICC award , “corruption is an international evil”.

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Corruption Transparency Demand Consulting 52

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.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

NOVEMBER 15, 2024

He presented an overview of the institution’s recent achievements: 100 new arbitrations in 2024 alone, and a significant partnership with JusMundi to publish selected arbitration awards—more on that later. If you couldn’t make it or had to leave early (we’ve all been there), here’s what you might have missed.

Negotiation 52

Negotiation Efficiency Import Integration 52

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.

Influencing 52

Influencing Balance Import Capacity 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

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

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.

Participation 52

Participation Import Balance Corruption 52

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.

Efficiency 52

Efficiency Buyers Balance Influencing 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. 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.

Sustainability 52

Sustainability Corruption Balance Influencing 52

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.

Capacity 52

Capacity Balance Import Corruption 52

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.

Insurance 52

Insurance Price Contract Balance 52

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.

Buyers 52

Buyers Balance Price Contract 52

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.

Contract 52

Contract Balance Negotiation Insurance 52

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.,

Corruption 52

Corruption Participation Import Thresholds 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.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

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.

Balance 52

Balance Transparency Negotiation Government 52

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.

Ethics 52

Ethics Balance 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.

Balance 52

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.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

SEPTEMBER 23, 2024

They either involve new technologies, pressing ESG-questions, a particular way of contracting or controversial goods where the underlying interests are usually much more complex than presented in the public discussion in different parts of the world. How do you balance the multiple competing demands on your time?

Supply Chain 52

Supply Chain Supplier Balance Participation 52

Kluwer Arbitration

MARCH 2, 2024

Secondly, P&ID presented and relied on evidence that it knew to be false. 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.

Corruption 52

Corruption Ethics Transparency Import 52

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.

IT 59

IT Participation Consulting Efficiency 59

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.

Transparency 52

Transparency Efficiency Contract Integration 52

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.

Negotiation 52

Negotiation Export Import Sustainability 52

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.

Innovation 52

Innovation Import Influencing Balance 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. 109 of the Law no.

IT 52

IT Transparency Balance Corruption 52

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.

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

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.

Import 52

Import Balance Contract Insurance 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.

Balance 64

Balance Corruption IT Integration 64

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.

Thresholds 52

Thresholds Demand Bidding Distribution 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.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

Kluwer Arbitration

JULY 26, 2024

Specifically, Wang argued that the arbitration procedure failed to comply with the parties’ agreement and that he was unable to present his case. To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors.

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

FEBRUARY 21, 2024

The Court’s solicitation placed the US in a position to balance its interest in maintaining friendly relations with a key ally with its treaty obligations under the ICSID and New York Conventions to enforce international arbitral awards.

Thresholds 52

Thresholds IT Balance Government 52

Kluwer Arbitration

OCTOBER 20, 2023

Allen explained how young arbitrators tend to arise from bigger law firms, which may present further difficulties with disclosure through double-hatting. The panelists noted present challenges in the review of funding agreements and confidentiality. Acknowledging that connections play an important role in arbitrator selection, Ms.

Ethics 52

Ethics Insurance Participation Import 52

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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Data Balance Transparency Efficiency 97

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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Import Balance IT Corruption 64