Kluwer Arbitration

JUNE 8, 2024

Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration. Mark Friedman explained that humans are influenced in their decision-making by the need for “cognitive comfort” (i.e., See the remainder of our coverage here.

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Kluwer Arbitration

MARCH 22, 2024

If the title of this blog scared you, it was meant to. Whilst the outcomes they predict may look like “intelligent outcomes”, the focus is on predicting the outcome, rather than the reasons influencing why previous decisions have led to similar outcomes. There are no doubt many more ideas out there.

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Kluwer Arbitration

JANUARY 31, 2024

Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration. Singapore too is pursuing similar initiatives. Is it time for lawyers to innovate?

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Kluwer Arbitration

JUNE 8, 2024

Although advisory opinions are non-binding, they are intended to influence domestic and international litigation. Switzerland Case (see previous coverage on the Blog here ), where the ECtHR found that states’ failure to take adequate climate action breached human rights under the European Convention on Human Rights.

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Inter-American Development Bank

JULY 18, 2024

In this blog we will discuss some of the main findings of the event, including the policy tradeoffs governments in Latin America and the Caribbean need to consider as they adapt their tax systems to this new reality. Subscribe to our newsletter to keep yourself updated about our latest publications, blogs and events.

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Kluwer Arbitration

FEBRUARY 11, 2024

It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration.

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Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

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Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

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Kluwer Arbitration

MAY 14, 2024

This blog post summarizes the main arguments discussed by the speakers. Similarly to cases involving corruption or money laundering. Arbitrators with expertise in Environmental Law may not exert such significant influence as may be expected on the tribunal and they may even raise suspicion of bias, depending on the circumstances.

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Kluwer Arbitration

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia. The amendments will become effective in April 2024.

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Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here , here , and here ).

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Kluwer Arbitration

JANUARY 28, 2024

This blog post highlights the past year’s most notable events impacting international arbitration practitioners in the Golden State. Earlier this year, Giorgio Sassine, Co-Lead of the 2023 CIAW Joint Planning Committee, was interviewed by Kluwer Arbitration Blog about the event (more coverage of CIAW available here ). 22–381 (U.S.

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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. The availability of ISDS significantly influences investors’ decisions. At least not explicitly.

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Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

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Kluwer Arbitration

JANUARY 26, 2024

Uruguay , both discussed on the Blog here and here ), and two awards were partially annulled in the long-running Serafin Garcia v. Although the CoA may have been influenced by the exceptional circumstances of the case (i.e. Two awards were set aside ( Komstroy v. Moldova and Agarwal v.

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Kluwer Arbitration

SEPTEMBER 27, 2024

In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns. Follow along and see all of Kluwer Arbitration Blog’ s coverage of CBAr 23rd International Arbitration Conference here. In addition, ChatGPT has also been used to help shorten the post.

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Kluwer Arbitration

JULY 22, 2024

This blog post examines how two tribunals have recently interpreted differently an FET clause containing an explicit reference to the MST. I have examined awards separately for three types of FET clauses: Those containing an unqualified (or “stand-alone”) obligation (i.e., But these few isolated decisions remain outliers.

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Kluwer Arbitration

MAY 26, 2024

This blog discusses how the activities of arbitrators may fall within the material, personal, territorial and temporal scope of the Act. In which circumstances these exceptions apply is not immediately clear from the Act.

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Kluwer Arbitration

FEBRUARY 20, 2024

268 On a couple of rare instances, the UAE courts have declared that they do not have jurisdiction to enforce a foreign award when the award debtor is not domiciled in the UAE and the contract subject of the dispute has no link to the UAE as commented on in a previous blog post. A number of factors have influenced this shift.

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Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage.

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Kluwer Arbitration

AUGUST 29, 2024

However, more and more these concerns are considered a thing of the past (see e.g. , previous blog posts here and here ). The new unitary patent system , including the Unified Patent Court (“ UPC “), introduced on 1 June 2023, may influence the position on arbitrability in Germany and other EU countries.

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Kluwer Arbitration

DECEMBER 30, 2023

The influence of counsel was often more discernible in written witness statements than oral evidence. Second, Elsa Arbrandt (Cederquist) spoke on the increasingly important topic of ESG (previously discussed on the Blog ) and arbitration. Posthuset ), the home of the Stockholm International Hearing Centre (SIHC).

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Kluwer Arbitration

FEBRUARY 26, 2024

In contrast, use of interpreters is influenced by the choice of language, since the choice of language impacts whether interpreters are necessary, but ultimately affects perceptions of witnesses rather than lawyers.

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Kluwer Arbitration

MARCH 21, 2024

of the Russian Procedural Code, providing for the exclusive jurisdiction of Russian courts over parties that are subject to foreign sanctions (see previous discussion on the Blog here ). Hjartardottir noted that they see a rise in cases involving anti-arbitration injunctions issued by Russian courts on the basis of Article 248.1

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Kluwer Arbitration

SEPTEMBER 27, 2024

For financiers, Marino identified factors influencing their binding to the arbitration clause, including various arrangements, third-party beneficiary claims, transfer of contractual positions, and step-in rights. Follow along and see all of Kluwer Arbitration Blog’ s coverage of CBAr 23rd International Arbitration Conference here.

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Kluwer Arbitration

APRIL 22, 2024

That is why a failure to disclose is not a standalone breach of public policy, but it may amount to one depending on whether the non-disclosed information is able to give rise to justifiable doubt as to the arbitrator’s impartiality and independence (as previously reported on this blog here ).

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Kluwer Arbitration

FEBRUARY 8, 2024

One previously discussed on this blog is Aroma Franchise Company Inc. 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 Chubb and the IBA Guidelines ).

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Kluwer Arbitration

NOVEMBER 21, 2023

At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART. The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals.

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Kluwer Arbitration

JULY 12, 2024

Gabor Damjanovic , Jens-Hendrik Janzen , Nadja Al Kanawati and Jan Dobrý debated some of the more controversial provisions introduced in the updated IBA Guidelines on Conflicts of Interest (see previous coverage of the Blog here ).

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Kluwer Arbitration

MARCH 12, 2024

This also stands confirmed by earlier reporting on the Blog here , which could be said to overreport on the scope of the amendments introduced by the Amendment Law as a result of it setting out in full the text of the entire articles (as opposed to the individual provisions) of the FAL that have been amended.

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Kluwer Arbitration

OCTOBER 2, 2023

This blog post seeks to unravel the intricate web of legal complexities surrounding the Centre’s statutory foundation, organisational structure, and financial framework, alongside the potential attribution of its conduct to the State under international law.

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University of Bristol

DECEMBER 5, 2022

Procurement rules and policies seek to ensure that contract awards are free from corruption, conflicts of interest or anticompetitive practices, and that these vast sums of public funds generate value for money and support social, environmental, and innovative practices. This blog post provides a summary of the main findings so far.

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Kluwer Arbitration

SEPTEMBER 29, 2023

Conversation on the Geopolitics of International Commercial and Investor-State Arbitration The conversation between Ms Lucy Reed (President, SIAC Court of Arbitration) and Minister Shanmugam, SC canvassed the geopolitical state of play and its influence on international commercial and investor-State arbitration.

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Kluwer Arbitration

SEPTEMBER 23, 2024

Kröll, thank you for joining the Kluwer Arbitration Blog! Typical examples are contracts in a supply chain where the determination that the goods delivered to the final customer are non-conforming may influence the dispute between the seller and its supplier. Past interviews are available here.

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Kluwer Arbitration

FEBRUARY 24, 2025

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 The historical factual background of the case is described in a previous post authored by Gordon Nardell here.

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Kluwer Arbitration

MARCH 19, 2025

In this blog post, well explore the significance of the Berman ruling and its impact on both local disputes and the broader landscape of international arbitration. Global Perspectives: The Influence of Californias Consumer-Protection Approach Californias pro-consumer stance is not unique to the U.S.

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Kluwer Arbitration

JANUARY 23, 2025

Our Blog reviewed the Chinese judicial practice after Brentwood v. Our Blog also explored other significant issues in recent PRC arbitration jurisprudence. Our Blog presented an overview of the key amendments and new updates in the 2024 Rules. and Daesung (Guangzhou) Gases Co, Ltd Praxair (China) Investment Co.,

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