Kluwer Arbitration

FEBRUARY 12, 2024

The CoC rejected this argument and upheld the findings of the Court of Appeal, emphasising the established legal principle that the capacity and authority of the signatory to an arbitration clause are within the purview of the trial court to decide. The CoC dismissed this argument, reiterating the principle of pacta sunt servanda.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JULY 7, 2024

It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).

Education 52

Education Efficiency Integration Integrity 52

Kluwer Arbitration

APRIL 22, 2024

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

JANUARY 13, 2024

In his words, the two necessary elements for a mediation to be potentially successful were: (i) a clearly authorized government official who has the capacity to conduct the negotiations, and (ii) the State’s will to reach an agreement. Pager shared a more sceptical view on the efficiency of mediation for investor-states disputes.

Balance 52

Balance Transparency Negotiation Government 52

Kluwer Arbitration

MAY 4, 2024

Parties are often wary of the complications possibly arising from the involvement of a third party in the arbitration in such capacity and role. At this point in time, the parties are usually more lenient to making concessions in a give-and-take negotiation process. 2 (2024), which is also included on Kluwer Arbitration.

Participation 52

Participation Contract Buyers Negotiation 52

Kluwer Arbitration

NOVEMBER 11, 2023

Bernhard Bell stressed that, in practice, at least an emergency arbitrator’s decision will be likely to trigger settlement negotiations between the parties. The dominant view is against this since the decision would not be final and binding as required by the Convention.

Management 52

Management Efficiency Negotiation Import 52

Kluwer Arbitration

DECEMBER 12, 2023

The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. This stay applies to litigation as well as arbitration and goes beyond the mere choice of law rules currently under negotiation. UMLCBI with Guide to Enactment and Interpretation, par.

Negotiation 52

Negotiation Capacity Government Government 52

Kluwer Arbitration

DECEMBER 26, 2023

In a survey conducted by the Global Arbitration Review (GAR) in 2022 on hearing centre preferences, AIAC was ranked at the forefront among other international institutions, having the highest number of hearing rooms and largest room capacity.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

APRIL 1, 2024

Jaime appeared in their personal capacities. The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Mr. Bigge and Ms.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

JUNE 6, 2024

Additionally, diplomatic channels have historically proven effective at resolving space disputes, as evidenced during the 1970s when a Soviet satellite crashed and scattered debris over Canada, resulting in a dispute that was ultimately negotiated and settled diplomatically.

Export 52

Export Telecommunication Influencing Negotiation 52

Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. This article is submitted in a personal capacity. Serzo agreed that for disputes involving cross-border parties, arbitration is preferred, given its flexibility.

Purchasing 52

Purchasing Participation Efficiency Influencing 52