Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Provisional measures can be awarded, applying the classic criteria in arbitration of risk of irreparable harm, chances of success and balance of the parties’ interests.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JULY 26, 2024

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. Mexico and New York) and because Forbes IP’s anti-suit injunction would be dispositive of the Mexico Injunction.

Insurance 52

Insurance Thresholds Media Contract 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

JANUARY 2, 2024

All this is to be balanced with the desire and right of the claimant to have its claim resolved. However, there remains a lack of clarity as to the threshold of proportionality applied. The article suggests that challenges to LDs under English law have become more difficult.

Management 52

Management Supply Chain Thresholds Balance 52

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

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 Public Procurement Contract 40

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. The United States Argues that the District Court Must Determine that an Arbitration Agreement Exists.

Thresholds 52

Thresholds IT Balance Media 52

Kluwer Arbitration

JANUARY 17, 2024

The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed. 13) Telnic at [29]-[32]. 18) At [18]. ↑ 17 Mobilox at [40]. ↑ 18 At [18].

Thresholds 52

Thresholds Bidding Demand Distribution 52

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 Corruption IT 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

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 59

Balance Engineering Procurement IT 59

Kluwer Arbitration

MARCH 17, 2025

While wholesale reform was neither necessary nor desirable, the amendments are significant and strike the right balance by clarifying several key issues that impact international arbitrations (including arbitrations administered by the LCIA). This post reflects the views of its author only. The author thanks Keshav D.

Efficiency 59

Efficiency Balance Thresholds Import 59

Kluwer Arbitration

JANUARY 18, 2025

Mr. Park added that third-party funders may not consider disputes below a certain threshold. 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

Risk Management 52

Risk Management Negotiation Consulting Participation 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

Kluwer Arbitration

JANUARY 20, 2025

Luke Nottages Aggravating Australias Arbitration Ambivalence: Zephs ISDS Claims explored how individual cases, like Zephs claims against Australia, reflect broader regional attitudes toward arbitration, underscoring the need to address both investor concerns and State sovereignty to foster balanced ISDS mechanisms. Angela Ray T.

Balance 52

Balance Finance Capacity Budget 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

JANUARY 24, 2025

In Brazil, pioneering projects on reforms have sparked discussions about the balance between public accountability and confidentiality in class arbitrations, while also expanding the professional pool of arbitrators to include public notaries. These changes reflect a broader trend towards modernizing arbitration frameworks in the region.

Transparency 52

Transparency Balance Sustainability Thresholds 52