Kluwer Arbitration

JULY 12, 2024

On this topic, Haugeneder discussed one of the Draft Provisions on Procedural and Cross-cutting Issues and emphasised the need to find balance between the right to property and the right of the state to regulate the use of that property. Smeureanu discussed expropriation protections. Russia and Stati v. Republic of Kazakhstan ).

Ethics 52

Ethics Balance Import Thresholds 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

Curbing Corruption in Government Contracting

JANUARY 21, 2020

For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.

Bidder 40

Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court confirmed that the threshold under Article 34 ECHR for individual applicants alleging climate-related harm is “especially high.” Climate-related investment claims bring into sharp focus any tension between private (investor) rights and sovereign interests. The same could soon be said of investment tribunals.

Thresholds 52

Thresholds Balance IT Corruption 52

Kluwer Arbitration

MARCH 2, 2024

There is a very high threshold for a Section 68 challenge. 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

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.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

MAY 22, 2024

This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy. The tribunal recognized Colombia’s efforts to protect páramos as proportionate and nondiscriminatory, given their environmental relevance.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MAY 24, 2024

This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy. The tribunal recognized Colombia’s efforts to protect páramos as proportionate and nondiscriminatory, given their environmental relevance.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. The Protocol on Investment represents yet another attempt to balance the interest of investors and state parties by adding a narrowly defined standard of treatment—the administrative and judicial treatment—in lieu of an FET clause.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

DECEMBER 11, 2024

Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. Accordingly, two issues came before the Court: What were the appropriate legal principles for a case management stay; and On balance, whether the case management stay should be granted.

Balance 52

Balance Thresholds Purchasing Corruption 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.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

DECEMBER 5, 2024

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. In DJO , the name of the errant arbitrator remains shrouded behind the veil of anonymity.

Accountability 52

Accountability Balance Import Tender 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

NOVEMBER 28, 2024

The present decision suggests that the Court applies a (slightly) higher threshold for its domestic territorial jurisdiction than for its international jurisdiction. The Court further held that a balancing of the interests did not lead to a different result. This decision is interesting as previous case law (para.

Participation 52

Participation Balance Import Thresholds 52

Kluwer Arbitration

NOVEMBER 24, 2024

34(2) of the Commercial Arbitration Act on the ground that the tribunal exceeded its jurisdiction by failing to determine the element of causation required to award Clayton damages on the balance of probabilities standard, which it alleges the tribunal was required to apply. The challenge in question was brought before the SCJ under s.34(2)

Balance 52

Balance Import Utilities Thresholds 52