Kluwer Arbitration

APRIL 3, 2024

In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration , sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements.

Influencing 52

Influencing Balance Capacity Import 52

Kluwer Arbitration

JULY 25, 2024

The Tribunal concluded that in the present case, even applying a stricter approach under the Salini test, LARAH’s investment in Pluna objectively qualified as an investment protected under the Treaty. However, in the present case, there were some elements that made the Tribunal conclude that LARAH was not part of this waiver.

Capacity 52

Capacity IT Corruption Price 52

Kluwer Arbitration

JULY 7, 2024

The statute, incorporating inputs from over 70 state delegations and 40 international organisations, will be presented for approval at the upcoming 57 th Commission session of UNCITRAL, scheduled between 24 June and 12 July 2024.

Education 52

Education Efficiency Negotiation Integration 52

Kluwer Arbitration

AUGUST 4, 2024

The present post focuses on the latest European development on the modernization of the Energy Charter Treaty (“ECT”). This post reflects the views of the author in her personal capacity only and not necessarily those of Italy of which she currently acts as representative at UNCITRAL WG III and OECD. What Is Next?

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

MAY 6, 2024

On the other hand, Mr. Fionn Pilbrow KC (Brick Court Chambers), presented an SOE’s perspective in investment arbitrations. Justice Bhanot highlighted the role of technology in capacity-building, making law firms more efficient, and emphasised the importance of institutions in utilising technology effectively in arbitration proceedings.

Import 52

Import Finance Capacity Contract 52

Kluwer Arbitration

DECEMBER 7, 2023

The Report recommends the following five “Initial ITA Priorities in and for the Caribbean”: Model Law implementation; Capacity building among legal practitioners; Judicial education and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas.

IT 52

IT Education Influencing Finance 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”). 14.472, Justice Paulo de Tarso Sanseverino, 16 August 2021 ).

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

JANUARY 23, 2024

The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves. The court found that the awards were obtained by fraud in a manner that was contrary to England’s public policy.

Collaboration 52

Collaboration Corruption Import Sustainability 52

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. Bigge and Ms.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

OCTOBER 20, 2024

As mentioned above, this includes taking a proactive role in capacity-building collaborations too. In addition, the technology in HKIAC’s hearing facilities, whether it is for virtual, hybrid, or in person hearings, supports superior and efficient advocacy, presentation of evidence and general communications.

Efficiency 52

Efficiency Innovation Leadership Capacity 52

Kluwer Arbitration

JUNE 6, 2024

Finally, despite the advent of large constellations of hundreds of satellites in lower orbit (in the past three years, the number of satellites in orbit has more than trebled), we do not presently know whether there is a limit to such capacity.

Telecommunication 52

Telecommunication Export Influencing Negotiation 52

Kluwer Arbitration

APRIL 5, 2024

Situations may arise, however, in which the investor has caused environmental damage, which causes the State to decrease its capacity to adapt to climate change. In origin, investment agreements were seen and perceived as exclusively providing recourse only to investors seeking redress against misbehaving States.

Balance 52

Balance Capacity Corruption Efficiency 52

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. In this case, the appellant provided no such evidence.

Distribution 52

Distribution Thresholds Negotiation Contract 52

Kluwer Arbitration

MARCH 24, 2024

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 energy sector is thus a sector that is seeing, and will continue to see, huge change.

Supply Chain 52

Supply Chain Demand Price Insurance 52

Kluwer Arbitration

JANUARY 13, 2024

Persuasion is a key element in any dispute, and to be able to present the case in the same language of any relevant document and relevant domestic legislation is a key factor. This, she noted, is relevant for matters such as treaty interpretation and document review. We ought to wait and see.

Balance 52

Balance Transparency Negotiation Capacity 52

Kluwer Arbitration

SEPTEMBER 26, 2023

Jacques de Werra , Director of the Digital Law Center, Professor at the Faculty of Law at the University of Geneva and member of the MIDS Committee , the panellists presented their ideas and interacted with the audience online. The PowerPoint presentations of the panellists at the colloquium are available here.

Electronics 40

Electronics Contract Capacity Corruption 40

Kluwer Arbitration

OCTOBER 2, 2023

The Istanbul Arbitration Centre’s (the Centre) inception, driven by the Turkish Government’s ambition to elevate Istanbul as a global financial centre, presents a compelling case for legal scrutiny.

Finance 40

Finance Influencing Capacity Corruption 40

Kluwer Arbitration

FEBRUARY 2, 2024

Malaysia Saga That conundrum is at the centre of the high-stakes Sulu heirs’ arbitration against Malaysia, presently occupying the courts of several European countries. For present purposes, though, the issue of interest is that of arbitrator authority. The Sulu heirs v. He has not represented Malaysia in any of the proceedings.

Capacity 52

Capacity IT Government Government 52

Kluwer Arbitration

NOVEMBER 29, 2023

The 2013 Kishenganga Award allowed India to continue its projects on the Kishenganga but prohibited India from using drawdown flushing to disperse sedimentation if it led to water levels in the dam fall below the dead storage capacity.

Negotiation 52

Negotiation Participation Import Capacity 52

Kluwer Arbitration

DECEMBER 2, 2023

They now have the flexibility to choose between traditional oral hearings or for the proceedings to be conducted on an “documents-only” basis for the presentation of evidence without oral arguments. Ultimately, this serves to bolster both investor confidence and the UAE’s business-friendly reputation.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

DECEMBER 12, 2023

An express rule mandating the application of UNCITRAL’s draft provisions in arbitration and by arbitrators would produce two significant benefits: It would eliminate the uncertainty frequently present in arbitration proceedings on how to determine the effects of insolvency in arbitration. Is the subject matter still arbitrable?

Negotiation 52

Negotiation Capacity Government Government 52

Kluwer Arbitration

JANUARY 8, 2024

We also reported on the 2023 edition of the ITA Guide to Latin American Arbitral Institutions, which identified more than 170 arbitral institutions and presented various findings for thirty of these institutions in twenty different countries.

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

NOVEMBER 1, 2023

This article presents a good discussion on if ChatGPT can think.) While AI is known for its capacity to analyze vast amounts of data, it currently lacks the capability to fully grasp the intricacies and nuances of these contexts in the way that a human expert can. For example, in the U.S.

Transparency 59

Transparency Media Data Efficiency 59

Kluwer Arbitration

NOVEMBER 25, 2024

Attempts by parties to torpedo their ongoing cases (particularly when they are not progressing favourably) by simply triggering insolvency protection in their home jurisdiction can backfire and generate scepticism from arbitrators and courts acting in an arbitration-capacity. a), exceeding the scope of the arbitration agreement (Article V.1.c),

IT 98

IT Government Government Capacity 98

Kluwer Arbitration

JANUARY 20, 2025

Similar to previous years, Working Group IIIs work was presented to and finalized at the UNCITRAL Commissions 57th session , some of the outcome of which are presented below. The 48th session in April advanced discussions of the draft statute of an Advisory Centre ( A/CN.9/WG.III/WP.238 9/WG.III/WP.238 9/WG.III/WP.235 9/WG.III/WP.239

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

MARCH 23, 2025

The Antrix-Devas saga continues to present twists and turns (see previous coverage on the Blog here , here and here ). The latest is the recent decision of the Full Court of the Federal Court of Australia (the Full Court) in Republic of India v. CCDM Holdings, LLC & Ors. 2025] FCAFC 2.

Accountability 52

Accountability Capacity Corruption IT 52

Kluwer Arbitration

FEBRUARY 6, 2025

More specifically, functus officio addresses the arbitral tribunals capacity, or authority, to adjudicate a matter, while estoppel concerns the capacity of the parties to pursue a matter. The reference to Section 16 of the Act suggests an alternative means for addressing the estoppel and functus officio arguments in the present case.

Capacity 52

Capacity Balance Import IT 52

Kluwer Arbitration

JANUARY 21, 2025

I always encourage junior lawyers to take every opportunity presented to them and dont be afraid to ask for more advocacy opportunities. Capacity building in small statesboth in traditional litigation and in alternative dispute resolutionis very important. Past interviews are available here.

Import 52

Import Capacity Education IT 52

Kluwer Arbitration

NOVEMBER 29, 2024

Lim led the conversation by introducing the current renewable energy landscape in Southeast Asia, noting that presently, the primary source of renewable energy in the region is hydropower originating from Indochina. Unlike South Korea, Southeast Asia has no nuclear plants or plans for nuclear energy.

Distribution 52

Distribution Participation Efficiency Influencing 52

Kluwer Arbitration

MARCH 6, 2025

You are presently the only Director who has participated in the Vis Moot as a student (at the 6 th edition), and the only one who is common law-trained. It is very unlikely we would ever exceed the capacity of the online platform in terms of the number of teams. Past interviews are available here.

Participation 52

Participation Capacity IT Corruption 52

Kluwer Arbitration

NOVEMBER 4, 2024

Nina Tsaturova (Head of Legal & Director, Intelligent Solution LLC) presented her analysis on the parties’ compliance with dispute board decisions. They highlighted ICC and FIDIC’S commitment to continued capacity and awareness building in all parts of the world, including Asia, regarding dispute avoidance and resolution.

Import 52

Import Contract Engineering Efficiency 52

Kluwer Arbitration

JANUARY 11, 2025

As a quasi-judicial figure, an arbitrators liability in its jurisdictional capacity may stem from the improper exercise of their adjudicative duties. To conclude, Ms. Follow along and see all of Kluwer Arbitration Blogs coverage of the 22nd ICC Miami Conference here.

Balance 52

Balance Transparency Participation Project Management 52

Federal News Network

NOVEMBER 22, 2024

That’s why Democrats will stay focused on waste, fraud, abuse and corruption. And in general, Owen said, many of DOGE’s ideas are easier said than done, particularly with the July 4, 2026, deadline that Musk and Ramaswamy presented for achieving the organization’s goals. Committee Chairman James Comer (R-Ky.)

Efficiency 121

Efficiency Budget Accountability Government 121