Kluwer Arbitration

JUNE 26, 2024

While that definition undoubtedly would cover sophisticated machine-based systems such as ChatGPT, it might also cover rudimentary machines that the drafters of the Rules may not have intended. The breadth of this definition impacts parties that incorporate the JAMS AI Rules into their agreements.

Transparency 52

Transparency Import Efficiency IT 52

Kluwer Arbitration

APRIL 22, 2024

In Singapore, emergency arbitrator has been included in the definition of ‘arbitral tribunal’ in section 2(1) of the International Arbitration Act 1994 (amended in 2012). The Arbitration Bill does not include emergency arbitrator within the definition of ‘arbitral tribunal’ or ‘arbitrator’ (sections 15, 82).

Import 98

Import IT Corruption Consulting 98

Kluwer Arbitration

MAY 29, 2024

Because the amendment has only been made to the Arbitration Act 2010, the definition of “dispute resolution proceedings”, while broad, only covers arbitrations or other forms of dispute resolution proceedings that arise out of, or are in connection with, international commercial arbitration. The Resolution observed in its Introduction (para.

Corruption 52

Corruption Transparency Demand IT 52

Kluwer Arbitration

MAY 23, 2024

Relying on this definition, the Claimants argued that KS&T’s emission allowances constituted “property” and therefore qualified as an investment under NAFTA. Property” is commonly included in the definition of “investment” in investment treaties, but many treaties do not expressly define “property.” The Koch v.

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

MAY 14, 2024

She noted the enduring relevance of the Report’s definition ( para. After that, she underlined three potential relations between ESG issues and FM clauses: FM clauses with general definitions followed by a list of FM events, including ESG-related issues. Similarly to cases involving corruption or money laundering.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Whistleblower Network News

NOVEMBER 16, 2023

Krupski’s methodology of distributing information calls attention to the lack of public knowledge on whistleblower protections: current SEC definitions disqualify whistleblowers who report fraud to the media, other government agencies, foreign law enforcement, or a U.S. embassy before the SEC, considering them “involuntary.”

Education 86

Education Whistle-blowing Media Data 86

Kluwer Arbitration

JUNE 6, 2024

The panel discussion was followed by a Q&A session during which questions primarily focused on issues of corruption.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

MARCH 2, 2024

In particular, the absence of a definition of the term ‘arbitration’ gave rise to uncertainty and controversy which the CJEU was asked to resolve. In this regard, the Court of Justice of the European Union (“CJEU”) was requested to rule on the scope of the arbitration exclusion.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

AUGUST 27, 2024

Bright line” rules This same emphasis on practicality can be seen in the Draft Act’s definition of “international commercial arbitration”. If a law achieves those ends, it is a good law. What matters is the end result, not the doctrinal purity of the approach adopted.

Contract 52

Contract Innovation Capacity Corruption 52

Kluwer Arbitration

JANUARY 27, 2024

What changes will you make in the coming 5 years and what will definitely remain? 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

Corruption 96

Corruption Quality Data Participation 96

Kluwer Arbitration

JULY 30, 2024

Criteria for Treaty Protection Investors must ensure they meet the threshold conditions contained in the relevant treaties, including: (i) the definitions of a qualifying investor and qualifying investment; and (ii) other requirements (e.g., a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

NOVEMBER 28, 2023

Treatment of dual nationals under the BIT The BIT contains a definition of “investor” that includes natural or legal persons who hold the nationality of any of the contracting parties (BIT, art.

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

MAY 17, 2024

Uzbekistan , on the use of inferences to presume the existence of corruption in an investment), caution is warranted. This post does not intend to draw a definitive conclusion from the parties’ behavior, but instead encourages the integration of behavioral economics, when appropriate, to the application of inferences in arbitration.

Corruption 52

Corruption Evaluation IT Efficiency 52

Kluwer Arbitration

JUNE 8, 2024

This was definitely not by chance. Role of Third-Party Financiers Last but definitely not the least is topic (iv) of the post. The 2024 London International Disputes Week (“LIDW”) was stage to several discussions regarding mass litigations. Whether this is negative or positive, it is for the future to tell.

Supply Chain 52

Supply Chain Demand Influencing Distribution 52

Kluwer Arbitration

AUGUST 5, 2024

In our view, a substance over form approach is preferable, and this approach is consistent with the Court’s definition of a final award in Voltas v York. However, the Court did not comment on whether an express reservation of jurisdiction can be established in an award that is labelled as a “Final Award”.

IT 52

IT Corruption Demand 52

Kluwer Arbitration

OCTOBER 8, 2023

Instead, among the assets listed in NAFTA’s definition of investments in Article 1139, they refer to GSI as an “enterprise”, “ equity and security ” through the Einarssons owning all of GSI’s shares, the Einarssons’ loans to GSI, and the interests from profit-determined remuneration by GSI ( paras. The claimants in Einarsson v.

Data 64

Data Media Import Corruption 64

Kluwer Arbitration

AUGUST 10, 2024

Yet a relevant report released by the International Council for Commercial Arbitration (‘ICCA’) has definitively concluded otherwise. Although the new norm of virtual hearings has become common, some are concerned about their adoption, alleging a violation of the right to a physical hearing and consequently access to justice.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

NOVEMBER 5, 2023

An estimation of the quantum of a claim is admissible if a definitive determination is not possible or associated with disproportionate difficulties. 287 ZPO offers a different perspective. By comparing Sec. 1) An estimation under Sec. 4 (2023), which is also included on Kluwer Arbitration.

Corruption 52

Corruption IT Contract 52

Kluwer Arbitration

NOVEMBER 19, 2023

Definition and Examples of Digital Assets Mr. Speller first offered a definition of the term “digital assets” in laymen’s terms: an “asset” is something of value, while “digital” means comprised of data, particularly numeric data. More coverage from Seoul ADR Week is available here.

Efficiency 52

Efficiency Purchasing Data Finance 52

Kluwer Arbitration

MARCH 10, 2024

The evidence before the tribunal showed that snow crab had generally been treated as falling within the definition of UNCLOS Article 77(4) (para. Likewise, the tribunal rejected that Norway’s treatment of the snow crab status was arbitrary or that it demonstrated a lack of good faith.

IT 52

IT Corruption Accountability Integration 52

Kluwer Arbitration

NOVEMBER 21, 2023

The AMA also lacks precise directions for the ART’s conduct of proceedings, as the requirements to align with the parties’ agreement and “ appropriate manner ” lack definition. Additionally, it can increase the time frame of the resolution process.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

OCTOBER 27, 2023

Delamuta then compared the concepts of fundamental breach and definitive default provided in the paragraph of article 395 of the Brazilian Civil Code. Follow along and see all of Kluwer Arbitration Blog’s coverage of the CBAr 22 nd International Arbitration Conference her e.

Contract 52

Contract Import Ethics Corruption 52

Kluwer Arbitration

AUGUST 26, 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 subject matter of U.S. In large part, the U.S. submissions confirmed interpretations of previous years.

Accountability 52

Accountability Import Corruption IT 52

Kluwer Arbitration

NOVEMBER 6, 2023

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 Once again, the Court demonstrated a favorable and respectful stance towards arbitration.

IT 98

IT Contract Corruption Government 98

Kluwer Arbitration

NOVEMBER 3, 2023

The Brazilian arbitration market will definitely follow closely the next decisions to be issued by the STJ Chamber and the STF on this case.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

FEBRUARY 18, 2024

The definition of “ investor ” requires legal persons to engage in “ substantive business operations ” in a host State. This is in line with the CJEU’s ruling in Achmea (C-284/16), deciding that investor-State arbitration under intra-EU BITs is incompatible with EU law. What Is Covered in Their Scope?

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

MARCH 24, 2024

It also addresses previously unaddressed issues by incorporating specific definitions and notably abandons the fair and equitable treatment standard, replacing it with a new standard of fair administrative and judicial treatment.

Balance 52

Balance Corruption IT Management 52

Kluwer Arbitration

FEBRUARY 8, 2024

China PR) ); (b) the awards not being for a “definite and discernable amount” ( Costco Wholesale Corporation v. 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

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

JUNE 15, 2024

In line with the definition in Article 1(2) of the ECT, states in their one-year “withdrawal period” under Article 47(2) of the ECT also count as contracting parties for these purposes. At the same time, Article 36(1) lit. a of the ECT requires “unanimity” among the contracting parties “present and voting” for an ECT amendment to be adopted.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

JULY 2, 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 SFSC held that under these circumstances, it did not need to take the alleged facts into account (para.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

DECEMBER 2, 2023

Anticipating additional caselaw on the definition of a “direct relationship” is both of interest and a potential necessity, as the amended provision introduces ambiguity surrounding this specific definition. What constitutes a “direct relationship” remains unclear, leaving room for various interpretations and potential disputes.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

NOVEMBER 20, 2023

The COC then provided the definition of public policy as determined by court decisions and what it encompasses under the law. In doing so, it referenced Article 53 relating to the grounds of annulment of an arbitral award amongst which the non-arbitrability of the subject matter of the dispute.

Contract 64

Contract IT Corruption 64

Kluwer Arbitration

JUNE 7, 2024

The definitions of ownership and control are critical for determining whether companies are subject to sanctions due to indirect control by sanctioned individuals. Complications arise in determining who is affected by these restrictions beyond the specifically designated individuals.

Influencing 52

Influencing Logistics Export Collaboration 52

Kluwer Arbitration

OCTOBER 22, 2023

For policymakers, reconciling the definition of arbitrability with the concept of public interest will offer better clarity for parties who may consider arbitration. Conclusion The Maynilad ruling is a welcome decision as it affirms party autonomy and sheds light on what is considered arbitrable under Philippine law.

Logistics 52

Logistics Government Government Utilities 52

Kluwer Arbitration

MAY 19, 2024

423 of the Act provides the definition of a transaction at an undervalue and the consequential order that the court can make in those circumstances. Application of s.423 423 of the Act in Enforcement of Arbitral Awards S.423 423(1) of the Act.

Purchasing 52

Purchasing IT Corruption Management 52

Kluwer Arbitration

MAY 11, 2024

It emphasizes the arbitrator’s responsibility to critically assess AI outputs, ensuring they do not mistakenly take them as definitive sources without independent verification of their reliability. The panel discussion closed with the remarks that these guidelines are still in draft form and are open to suggestions.

Integration 52

Integration Integrity Participation Efficiency 52

Kluwer Arbitration

JULY 26, 2024

In addition, the Court ruled that Forbes IP was able to show irreparable harm because if the Mexico Injunction was permitted to survive the forum selection would be definitively lost. It also ruled that Forbes IP was likely to succeed in the merits because the Mexico Injunction violated the jurisdictional clause of the License Agreement.

Insurance 52

Insurance Thresholds Media Contract 52