Kluwer Arbitration

JANUARY 31, 2024

Technology has driven efficiency and reduced costs in some areas, but the underlying legal tasks have not materially changed. 1) The authors of this post are the founders of pinqDR With backing from industry experts it has built a fully online platform, as well as bespoke arbitration rules, offering an efficient process for B2B disputes.

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Innovation Efficiency Influencing Management 52

Kluwer Arbitration

DECEMBER 12, 2024

Tackling Climate Change in Todays Legal Environment The first session was moderated by Piera Coppotelli (Bank of Italy) and aimed to set the scene for the conference, by providing a definition of climate change claims and analysing the main legal issues they raise. of the Paris Agreement.

Finance 52

Finance Sustainability Balance Export 52

Kluwer Arbitration

APRIL 13, 2024

Professor Garro started the discussion by highlighting that the biggest deficiencies in cost efficiency often come from the lack of experience of lawyers and arbitrators and that hearing the perspectives of all involved in construction cases can improve efficiency.

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Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

MAY 17, 2024

Relevantly, while the IBA Rules stipulate that the inference be drawn specifically in relation to the unproduced document, the lesser-used Prague Rules on the Efficient Conduct of Proceedings in International Arbitration allow the arbitrator to make an “adverse inference with regard to such party’s respective case or issue” (Art.

Corruption 52

Corruption Evaluation IT Efficiency 52

Kluwer Arbitration

JULY 30, 2024

Choosing the ISDS path can be more efficient for investors than dealing with domestic courts, where matters of national security or government action may attract a different (and perhaps less reliable) level of scrutiny. According to UNCTAD , there are more than 3,000 treaties providing investment protection, including more than 2,800 BITs.

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Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

JUNE 8, 2024

This was definitely not by chance. At Baker McKenzie, Adam Heppinstall KC (Henderson Chambers) also emphasized the efficiency of the Dutch system vis-à-vis its English counterpart, stressing that the GLOs regime could be an obstacle to the celerity of the claim. Whether this is negative or positive, it is for the future to tell.

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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.

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Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

OCTOBER 25, 2024

He suggested that the concern over costs of arbitration could be addressed by introducing substantive and procedural rules on costs, ensuring the efficient conduct of proceedings, and by harnessing the potential of generative artificial intelligence to make arbitration more efficient and cost-effective.

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Ethics Efficiency Import Export 52

Kluwer Arbitration

NOVEMBER 21, 2023

This narrow scope empowers courts to efficiently resolve reviews with established arbitration regulations. 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.

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Innovation Import Influencing Balance 52

Kluwer Arbitration

SEPTEMBER 18, 2024

Draft Section 1063b(1) ZPO permits that English-language documents submitted in arbitral proceedings may be submitted without translation in court proceedings, making proceedings more time/cost-efficient and user-friendly. Unlike the White Paper still suggested, publication is now the default, requiring parties to actively opt out.

IT 52

IT Electronics Efficiency Import 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.

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Thresholds Price IT Corruption 52

Kluwer Arbitration

NOVEMBER 17, 2023

The court found that ad hoc arbitration and expedited arbitration share the features of efficiency, convenience, and economy, and are both focused on simplifying arbitration procedures, shortening arbitration time, and reducing arbitration costs.

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Price Negotiation Innovation Finance 59

Kluwer Arbitration

OCTOBER 24, 2023

Regarding the distinction between contractual or commercial and investment disputes, the Court held that the definition of investment under the FTA falls within Art. Although all the options above are feasible, the latter appears to be the most efficient. As far as the Court is concerned, the response remains: not today.

Utilities 52

Utilities Corruption IT Government 52

Kluwer Arbitration

MARCH 3, 2024

The obvious advantage to parties would be the ability to strike out clearly hopeless claims in an efficient manner and parties can have greater certainty that if they apply for a summary process, the tribunal will be willing to grant it. What Will the Advantages for Parties Be?

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Efficiency Thresholds IT Finance 52

Kluwer Arbitration

MARCH 22, 2024

Indeed, arbitral tribunals should take into consideration the authority conferred to them to pause proceedings, the impact on the efficiency of the proceedings, and the avoidance of undue delay, as well as the interest of justice and the respect of the fundamental right to due process.

Import 52

Import Contract Capacity Corruption 52

Kluwer Arbitration

MARCH 20, 2024

The first roundtable, moderated by Professor Mathias Audit and Dr. Maria Fanou , provided a general introduction on the legal issues surrounding crypto assets, including the definition of crypto assets, their legal status, as well as typical litigations which have arisen out of crypto assets.

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Distribution Utilities Accountability Purchasing 52

Kluwer Arbitration

FEBRUARY 7, 2024

This could be done through new legislation, or a definitive ruling by the Indian Supreme Court. A multi-departmental approach can enhance efficiency and ensure that consistent strategies are being employed in dispute resolution. The question remains whether India should consider becoming a signatory to the ICSID Convention.

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Negotiation Corruption Government Government 52

ivalua

MAY 21, 2020

We can employ best practices that help us avoid buying products from corrupt companies or countries. Definitely! I think we’ll come out of this stronger than ever and be able to apply lessons learned to create more supply-chain efficiencies and cost reductions. Robots can’t run the business. That’s true!

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Supply Chain E-procurement Supplier Leadership 52

Kluwer Arbitration

OCTOBER 31, 2023

Ultimately, these proceedings demonstrate the real risk that enforcement of investment treaty awards will not be a straightforward and efficient process, given the potential for the re-litigation of issues and duplicative proceedings in different courts, and consequent delay and costs.

IT 40

IT Contract Corruption Efficiency 40

Kluwer Arbitration

SEPTEMBER 26, 2023

Parties may incline towards efficiency than rigorous due process, with a desire to opt out of due process requirements. While the above shows that there may be no definite answers to all questions, it may be a helpful guide to navigating the legal issues which may be relevant in metaverse disputes.

Electronics 40

Electronics Contract Capacity Corruption 40

University of Bristol

AUGUST 23, 2021

Background By way of background, it is worth saying that NHS commissioning is a peculiar procurement activity resulting from the creation of an NHS internal market in the 1990s with the aim of harnessing market incentives and competition-based governance to improve the efficiency of the English healthcare system (see here ).

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Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

JANUARY 21, 2024

Under the FSIA, four exceptions are more likely to be invoked for immunity: the arbitration exception, which is the most efficient way to get an award enforced in the U.S. courts have adapted their definition of what categorizes a violation of international law in accordance with the ICJ decision in Germany v.

Corruption 52

Corruption Accountability Influencing Distribution 52

Kluwer Arbitration

MARCH 12, 2025

However, instead of prescribing a definitive time limit for rendering the final award, as is common practice with most leading institutional rules, Article 35 leaves this decision to the discretion of the tribunal. stipulate fixed time limits for rendering the final award within their respective rules.

Efficiency 52

Efficiency Accountability Import IT 52

Kluwer Arbitration

DECEMBER 18, 2024

Tesla as a means of clarifying certain issues, I believe that its primary significance lies in underscoring outstanding questionsthat may soon receive definitive answersand offering a solution. in fact promotes the goals of the FAA by ensuring procedural fairness and efficiency in arbitration proceedings. While some may view Keeton v.

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Contract Import Corruption Demand 52

Kluwer Arbitration

MARCH 17, 2025

By replacing the common law rule and offering a straightforward default position, the prospect of disputes arising in relation to the law governing the arbitration agreement becomes less likely thereby further promoting cost effective and efficient arbitration. Such default position already features in the LCIA Rules (Article 16.4)

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Efficiency Balance Thresholds Import 59

Kluwer Arbitration

JANUARY 9, 2025

The amendments brought with the 2024 NAI Arbitration Rules have been made in a spirit of modernisation by addressing contemporaneous concerns such as transparency, efficiency, or sustainability. The new rules introduce several efficiency enhancements to streamline arbitration proceedings.

Sustainability 52

Sustainability Efficiency Corruption Transparency 52

Kluwer Arbitration

FEBRUARY 14, 2025

In line with the technological advances in arbitration hearings, the Draft Bill also proposes to amend the definition of arbitration, currently defined as any arbitration whether or not administered by permanent arbitral institution ), to include a proceeding conducted wholly or partially by use of electronic means .

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Balance Finance Government Government 52

Kluwer Arbitration

FEBRUARY 14, 2025

In line with the technological advances in arbitration hearings, the Draft Bill also proposes to amend the definition of arbitration, currently defined as any arbitration whether or not administered by permanent arbitral institution ), to include a proceeding conducted wholly or partially by use of electronic means .

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Balance Finance Government Budget 52