Kluwer Arbitration

MARCH 9, 2024

Key cases around enforcement include CEF and CEG v CEH [2022] SGCA 54 , CVG v CVH [2022] SGHC 249 (as covered in a previous blog post ) and CZD v CZE [2023] SGHC 86. It is noteworthy that more recent analysis in this 2023 blog post showed that the enforcement rate for applications made between 2012 and 2022 had reached 91%.

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Kluwer Arbitration

FEBRUARY 11, 2024

Those problems have constituted another persistent theme on this Blog, as evidenced recently by the interview with The Hon Wayne Martin AC KC and outline of the draft 7th Edition of the SIAC Arbitration Rules. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration.

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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.

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Kluwer Arbitration

MARCH 22, 2024

If the title of this blog scared you, it was meant to. The dexterity to combine different ADR services allows dispute resolution tools to be tailored to the dispute and parties at hand, and may give parties the best chance of a negotiated settlement, alongside an opportunity to maintain their business relationships.

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Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’ It is not intended for any promotional purposes.

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Kluwer Arbitration

DECEMBER 22, 2023

The “twilight zone” in the context of non-compliance with pre-arbitral requirements or preconditions to arbitration has been expressly addressed by various national courts worldwide (see the blog post here ); most notably perhaps by the recent Hong Kong Court of Final Appeal decision (“ HKCFA ”) of C v D [2023] HKCFA 16.

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Kluwer Arbitration

DECEMBER 26, 2023

Previously in our blog , there have been discussions concerning whether certain changes should be made to the Malaysian Arbitration Act. From your perspective, are there any particular amendments that should be made to facilitate a more pro-arbitration environment in Malaysia?

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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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient.

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Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. Yet, unlike the Codes, the fate of the modernized ECT remains uncertain. Yet, it is never an easy job.

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Kluwer Arbitration

APRIL 9, 2024

published on this blog). In negotiating with the Commission the ISU should be anxious only to satisfy the former, not the latter. There is in reality no risk of the courts of European Union Member States taking jurisdiction alongside the CAS to determine disputes subjected under the ISU’s regulation to CAS arbitration.

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Kluwer Arbitration

OCTOBER 16, 2023

For the sixth year, our Blog is providing live coverage of Hong Kong Arbitration Week. 1) Thanks to Zhibei Feng for her contribution to this blog post. References [ + ] References ↑ 1 Thanks to Zhibei Feng for her contribution to this blog post. The author reserves the right to amend her position if appropriate.

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Kluwer Arbitration

FEBRUARY 8, 2024

In June 2023, in the Luxtona saga, which was previously discussed on this blog ( see, e.g. , here and here ), the Court of Appeal for Ontario confirmed that Dallah was the “leading case in the area” and upheld the Divisional Court’s judgment which stated that evidence could be adduced as of right. . *

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Kluwer Arbitration

JUNE 8, 2024

Third , investors might negotiate new or amend existing contracts with EU member states or their agencies to include provisions for arbitration with substantive protections, preferably seated outside the EU. Finally, it was recalled that the ECtHR has also contributed to this discourse, notably in cases like the KlimaSeniorinnen v.

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Kluwer Arbitration

MARCH 31, 2024

After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”. On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250.

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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 ). 73/1993 and n.

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Kluwer Arbitration

MARCH 20, 2024

Bermann commented on Spain’s recent attempts to resist the enforcement of three ECT awards before a US court (covered on the Blog here ). Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work. Lastly, Prof. Replying to Prof.

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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. Procedurally, the clause was embedded in fine print and drafted in a way that disadvantaged the consumer, making it difficult to understand or negotiate.

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Kluwer Arbitration

FEBRUARY 5, 2025

I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty. How has your experience been so far?

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Kluwer Arbitration

JANUARY 29, 2025

This is the sixth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year ( see prior Blog coverage, here , here , here , here ,and here ).

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Kluwer Arbitration

DECEMBER 2, 2024

In stark contrast to the draft amendment released in 2021 (“2021 Draft”), which had been lauded for its modern approach and reformative features aligning Chinese arbitration with international standards (see previous Blog posts here and here ), the 2024 Draft removed many of these features, adopting instead a rather conservative approach.

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Transparency Negotiation IT Corruption 52

Kluwer Arbitration

FEBRUARY 18, 2025

While the AfCFTA DTP has been adopted, negotiations on its eight annexes, covering crucial areas such as cross-border data transfer, digital payments, and online safety, are ongoing. The AfCFTA DTP, once ratified, will have a profound impact on the digital economy across the African continent. Significant Arbitration Cases a.

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Kluwer Arbitration

JANUARY 15, 2025

Welcome to the Kluwer Arbitration Blog and our Interviews with our Editors series, Ms. Today, I am active in several associations, such as the Swedish Anti-Corruption Institute , the International Law Association , and the International Federation of Commercial Arbitration Institutions. Yes, of course!

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Kluwer Arbitration

JANUARY 20, 2025

This post exclusively focuses on Working Group IIIs key milestones in 2024 and relevant contributions to the Kluwer Arbitration Blog (KAB), while the ECT modernization will be discussed separately. Multilateral Instrument on ISDS Reform 2024 also marked the drafting of a multilateral instrument on ISDS reform. 9/WG.III/WP.246), 9/1194, para.

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