Kluwer Arbitration

JULY 8, 2024

It found that neither the contract nor the addendum was void due to the corruption allegations. Circuit focused its analysis only on the following two grounds under Section 10 of the FAA: Section 10(a)(1): Where the Award Was Procured by Corruption, Fraud, or Undue Means The D.C. In 2020, the arbitral tribunal rendered its decision.

Corruption 52

Corruption Contract Procurement IT 52

Federal News Network

OCTOBER 21, 2024

There’s definitely some satellites that are in operation that probably don’t have software update capabilities. And so we need solutions that can help protect against memory corruption vulnerabilities, where an adversary can use an external interface or sensor or a wireless communications interface and take over that space system.

Manufacturing 106

Manufacturing IT Import Corruption 106

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

JUNE 20, 2024

This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. However, before having a deeper look into the Guidelines themselves, one question needs to be answered: is there even a need for further rules?

Evaluation 52

Evaluation Thresholds Accountability Ethics 52

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

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 99

Education Whistle-blowing Media Data 99

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

Public Procurement Intl

OCTOBER 21, 2024

These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. Article 8, for example, warns the procuring agency, “when first soliciting the participation of.

Procurement 147

Procurement Procurement Strategies E-procurement Bidder 147

Kluwer Arbitration

FEBRUARY 28, 2024

The travaux preparatories of the Convention titled “ Report by the Secretary General ” dated 31 January 1956 indicate that whilst the contracting states considered including a definition of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters.

Import 52

Import Thresholds Contract Corruption 52

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

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 27, 2024

Older generations of arbitrators are aging out and, by definition, younger arbitrators have sat in far fewer cases, making their incidentally published awards even more scarce. Arbitrator Intelligence sought to solve this problem much the way UBER solved transportation problems. Long live arbitrator intelligence!

Data 52

Data Transportation Transportation Import 52

Kluwer Arbitration

SEPTEMBER 23, 2024

So far, it has worked … but there is definitively room for improvement. There definitively is a tendency towards amicable settlement under the DIS Rules, and the provision gives the arbitrators a justification to ask at different times during the proceedings whether there is a chance of a settlement. Past interviews are available here.

Supply Chain 52

Supply Chain Supplier Balance Participation 52

Kluwer Arbitration

NOVEMBER 19, 2024

In the case at stake, the Respondent argued that such orders can be considered urgent and necessary only if a payment would definitely cripple the investors’ business. Non-aggravation orders would therefore be justified if there are “states of tension” between the parties that can generate a high level of conflict.

Price 52

Price Integration Integrity Corruption 52

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

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

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

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

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

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

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

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 Integrity 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 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 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

OCTOBER 25, 2024

He noted that this challenge might become even more serious in the future and may require a more definitive solution. The conference also featured two panel discussions. The first, moderated by Vivekananda Neelakantan (Deputy Registrar at SIAC), focused on the recent developments in the Indian arbitration landscape.

Ethics 52

Ethics Efficiency Import Export 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. She cited an ICC case Refinería de Cartagena S.A.S. The discussions underscored the need for clear legal frameworks and the balance between regulatory intervention and legal security for investors.

Insurance 52

Insurance Price Contract Balance 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