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. The inclusion in the Guideline itself rather than in the commentary as per the draft, shows the importance of the arbitrator’s obligation to draft awards.

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

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. NHA 2023 CLD 1365.

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

JULY 27, 2024

Arguably, the ability to select arbitrators is the single most important strategic decision in the case. 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. And rightly so! Long live arbitrator intelligence!

Data 52

Data Transportation Transportation Import 52

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

Kluwer Arbitration

MARCH 2, 2024

However, while seeking to preserve important public policy objectives, de novo review may sometimes lead to inefficiencies and unfairness in the process, contrary to arbitration’s stated goals of obtaining the fair resolution of disputes without unnecessary delay or expense.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. 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.

Insurance 52

Insurance Price Contract Balance 52

Kluwer Arbitration

OCTOBER 27, 2023

It is important to note, however, that while the CISG is probably most applied in arbitration proceedings, which are confidential in most cases, a possible distortion of the statistics on application of the CISG in Brazil might exist. Once again, the traditional CBAr International Arbitration Conference was worth applauding.

Contract 52

Contract Import Ethics Corruption 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 21, 2023

Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration. To address this ambiguity, it is advisable for parties to explicitly outline the procedure in the arbitration agreement while awaiting clearer case law on this important point.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

AUGUST 10, 2024

This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental rules in practice. Yet a relevant report released by the International Council for Commercial Arbitration (‘ICCA’) has definitively concluded otherwise.

Balance 52

Balance Evaluation Import Utilities 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

OCTOBER 25, 2024

Chief Justice Upadhyaya also emphasised the importance of cross-jurisdictional collaboration and commended Singapore’s efforts in fostering an arbitration-friendly environment. The conversation delved into important topics such as the use of technology, cross-border judicial cooperation, and the need for codes of conduct in arbitration.

Ethics 52

Ethics Efficiency Import Export 52

Kluwer Arbitration

MAY 17, 2024

In this regard, arbitrator Jagusch made the following remark emphasizing the importance of Colombia’s conscious decision to not provide the location of the San José Galeon: “So, the government of Colombia has taken the position publicly and in these proceedings that it has found the Galeón San José, so it knows the location.

Corruption 52

Corruption Evaluation IT Efficiency 52

Kluwer Arbitration

MAY 11, 2024

He emphasized SVAMC’s efforts drafting the first ever guidelines of their kind setting standards to the ‘responsible use of AI in ADR’, and the importance of these guidelines in building a consensus around the regulation of AI in ADR within the broader global community.

Participation 52

Participation Integration Integrity Efficiency 52

Kluwer Arbitration

FEBRUARY 27, 2024

Finally, the tribunal explained that a provisional measure, by definition, requires a party to do or not to do something, even against its will. Paraguay carries important lessons for both parties, but specially for Paraguay, in both arbitration and contractual law. Second, the importance of a well-drafted construction agreement.

Contract 52

Contract Import IT Negotiation 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. He suggested that the best way to address this issue is via well-written contracts.

Efficiency 52

Efficiency Purchasing Data Finance 52

Kluwer Arbitration

MARCH 22, 2024

Clear Arbitration Agreements The first preventive measure discussed by the panel was the importance for dispute resolution clauses to be well drafted. Once again, as a cornerstone principle of arbitration, consent remains important.

Import 52

Import Contract Capacity Corruption 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 Transparency Education 52

Kluwer Arbitration

SEPTEMBER 18, 2024

An important and positive change from the February 2024 draft is that the Draft Law no longer limits the form-free standard only to arbitration agreements in “commercial transactions”. Given the clear intent to drop all form requirements, maintaining this sentence should not be interpreted to require a written agreement.

IT 52

IT Electronics Efficiency Import 52

Kluwer Arbitration

JANUARY 31, 2024

This is definitely a step in the right direction but like much technology adopted by the legal profession, it assists lawyers in doing the same process, and is tied to the traditional rules used by arbitral institutions. Online arbitration platforms are innovative but don’t yet represent a huge evolutionary leap.

Efficiency 52

Efficiency Innovation Influencing Management 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. Once this period has expired, the withdrawing state has effectively terminated its membership. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

MAY 3, 2024

The central role of private investors in the climate transition was recognized already in the 2015 Paris Agreement , which emphasizes the importance of finance and investment in operationalizing the goal of limiting global warming to 1.5°C C above pre-industrial levels. Article 2.1(c) Not exactly a recipe for a stable investment climate.

Insurance 52

Insurance Finance Sustainability Ethics 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

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 Corruption IT Management 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

MARCH 8, 2024

The RF submitted that this provision has long been understood as imposing upon English courts, a positive duty to give effect to the immunity conferred by the SIA, in accordance of which, the said courts have consistently underscored the importance of affording a state a full and effective opportunity to argue state immunity.

IT 52

IT Import Utilities Corruption 52

Kluwer Arbitration

MARCH 3, 2024

In applying this test in litigation proceedings: The respondent must show that its defence or claim is more than merely arguable, although they do not have to show they would definitely succeed at trial.

Efficiency 52

Efficiency Thresholds IT Import 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. Amir Soleymani and Coinbase, Inc.

Distribution 52

Distribution Utilities Accountability Purchasing 52

Kluwer Arbitration

NOVEMBER 2, 2023

The CAM Santiago Arbitration Rules provide (Article 21 bis ) that the requesting party shall file a request for arbitration or a request for the constitution of the definitive arbitral tribunal within the same term, along with its lawsuit. 210,000 USD); less than 50,000 UF (aprox. million USD); and above 50,000 UF.

IT 52

IT Corruption Demand Accountability 52

Kluwer Arbitration

MARCH 22, 2024

Although inherent powers are not something faced everyday in international commercial arbitration, their definition and use create obvious uncertainties and challenges to both the arbitrators and the parties making it necessary to pay more attention to this very specific tool in international arbitration.

Integrity 59

Integrity Integration Consulting Accountability 59

Kluwer Arbitration

APRIL 25, 2024

The case underscores the importance for practitioners to meticulously draft asymmetrical arbitration agreements to ensure that they embody a clear and unambiguous consent to arbitrate to the exclusion of litigation. Consequently, agreements such as the one in Fiber Optic v.

Buyers 52

Buyers Corruption IT Demand 52

Kluwer Arbitration

JUNE 22, 2024

The variety of situations that fall under this definition seems to indicate the complexity of the topic: there are countless potential impossibilities in arbitration.

Insurance 52

Insurance Integration Integrity Corruption 52

Kluwer Arbitration

NOVEMBER 15, 2023

Although court precedents are accumulating and new regulatory schemes are being instituted, there is not yet a definitive answer to even the most basic question on the nature of cryptocurrency: what is cryptocurrency, exactly ? This question is not an easy one to answer, as we have seen, for example, in the two rulings from the U.S.

Tender 52

Tender Buyers Contract Corruption 52

Kluwer Arbitration

NOVEMBER 7, 2023

At issue, was whether the ICSID panel constituted a “foreign or international” tribunal within the definition of §1782. 2d 113, 114 (4th Dep’t 1980); Liberty Imports v. District Court to attempt to avail its client of the §1782 discovery. Hooker Chemicals & Plastics Corp. , Bourget , 536 N.Y.S.2d

Automotive 52

Automotive Utilities Import Corruption 52

Kluwer Arbitration

FEBRUARY 7, 2024

The panel concluded by agreeing on the importance of consulting legal and quantum experts as early as possible in the dispute resolution process. This could be done through new legislation, or a definitive ruling by the Indian Supreme Court.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. There remains an inclination among state courts to meddle in contracts, often exceeding their role and sidelining original agreements.

Contract 52

Contract Balance Negotiation Insurance 52