Kluwer Arbitration

JANUARY 31, 2024

Technology has driven efficiency and reduced costs in some areas, but the underlying legal tasks have not materially changed. Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. That may not be the case going forward. pinqDR.com is one such example.

Efficiency 52

Efficiency Innovation Influencing Management 52

Kluwer Arbitration

JULY 30, 2024

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These changes have profound political, economic, and societal implications.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

JUNE 5, 2024

Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit. Complementing this, the Commercial Transactions Law addresses specific commercial activities.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

APRIL 10, 2024

He pointed out the broader economic and legal ramifications of these trade tensions, emphasizing their influence on international arbitration as disputes become more entangled with issues of national interest and economic policy.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

NOVEMBER 16, 2024

Equally, costs competition exists between institutions, legislators and courts for the most cost-efficient process guides the parties’ decision on the forum of dispute resolution. Cost incentives often drive the participation in arbitral proceedings.

Balance 52

Balance Thresholds Accountability Influencing 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.

Ethics 52

Ethics Efficiency Import Export 52

Kluwer Arbitration

MARCH 22, 2024

At the recent ICC Commission on Arbitration and ADR meeting in Paris, Richard Susskind invited those in the audience to consider what their clients really want in arbitration and ADR, and to come up with solutions to address what clients really want, rather than more efficient ways of doing what we have been doing so far.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

MARCH 20, 2024

Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. Further, appointments are more and more influenced by the utmost necessity to promote diversity, in all circumstances.

Import 52

Import Efficiency Negotiation Tender 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.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

JANUARY 23, 2024

In response, the Abu Dhabi Chamber of Commerce and Industry (“ Chamber ”) launched an initiative to improve the quality and efficiency of international dispute resolution in the Emirate. Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage.

Thresholds 52

Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 8, 2023

An emerging theme from the Report is the conflict between parties’ desire to not be ‘cut-off at the knees’ when presenting their case and their wish for a more time- and cost-efficient approach to the resolution of their dispute. With this conflict in mind, it may fall on the tribunal to ‘tame’ the evidence.

Efficiency 52

Efficiency Buyers Balance Influencing 52

Kluwer Arbitration

OCTOBER 15, 2024

With many projects in the region, this will likely influence the location of dispute settlement, as the bargaining power may rest with the project owner or project developer who will want to dictate the seat of arbitration. More coverage from Australian Arbitration Week is available here.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

MAY 14, 2024

Similarly to cases involving corruption or money laundering. Finally, Thieffry was asked to shed light on the notion of ‘environment-friendly arbitrator,’ emphasizing the importance of upholding arbitral duties and procedural efficiency. The lawmakers’ intent regarding the mandatory character of such rules may be decisive.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

AUGUST 23, 2024

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating arbitrators “may” rule on their own jurisdiction—on delegation.

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

NOVEMBER 6, 2024

While the Courts in England and Wales generally refrain from interfering with arbitration proceedings, they do possess supportive powers to ensure the process remains fair and efficient. Substantial Injustice Aiteo argued that a finding of a lack of impartiality would constitute, in itself, substantial injustice.

Finance 52

Finance Insurance Influencing Corruption 52

Kluwer Arbitration

JANUARY 28, 2024

Highlights include “Arbitrating in a Time of Trade War: Successfully Navigating the Minefields of National Security, Cross-Border Data Restrictions, Sanctions and US-China Decoupling to Achieve Fair and Efficient Cost Resolution,” and “The Swords and Shields of Arbitrating IP Disputes in California and Beyond.” Vitaly Ivanovich Smagin , No.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

DECEMBER 23, 2023

Drawing on his experience in the financial sector, Mr. Freer stressed the importance of efficient dispute resolution to foster strong trade relationships. Freer emphasized the economic benefits and global significance of international arbitration for Uzbekistan.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 11, 2024

It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

APRIL 15, 2024

This shift was propelled by environmental factors and influenced by international agreements, such as the 1992 United Nations Framework Convention on Climate Change (“UNFCCC”) and the Paris Agreement. She traced its evolution from wood and coal (e.g., Ozor noted that we are currently at the renewables stage.

Demand 52

Demand Sustainability Capacity Import 52

How to Crack a Nut

MARCH 10, 2023

And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). Public procurement is thus increasingly expected to play a crucial gatekeeping role in the adoption of digital technologies for public governance and the delivery of public services.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

MARCH 21, 2024

The global economy remains interdependent, but its efficiency is undermined by attempts at decoupling. However, he also pointed out that arbitration has developed unevenly across the region, with discrepancies in the services offered by regional institutions and the influence of national laws on arbitration.

Influencing 52

Influencing Finance Distribution Business Strategy 52

Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. The arbitration user community requires a structured, efficient, and cost-effective alternative to traditional litigation.

Import 52

Import Efficiency Influencing Integrity 52

Kluwer Arbitration

APRIL 3, 2024

This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

NOVEMBER 21, 2023

The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. This narrow scope empowers courts to efficiently resolve reviews with established arbitration regulations.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

SEPTEMBER 22, 2023

Finally, the PCA’s positive influence in countries where they have established an international office is not to be understated. While the arbitral community’s reaction to the Code of Conduct is still uncertain, the code’s provisions will most certainly affect the nature and extent of disclosures made by arbitrators.

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

OCTOBER 20, 2023

The Length and Costs of International Arbitration Proceedings,” addressed issues relating to the efficiency and cost of the arbitration process. Participants discussed institutional appeals processes, and how such processes run against the goal of arbitration to maximize efficiency.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

SEPTEMBER 30, 2023

Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability. The need for such advancements to be integrated into institutional rules was underscored, acknowledging that technology is an enabler for more efficient arbitration.

Import 40

Import Efficiency Supply Chain Transparency 40

Kluwer Arbitration

DECEMBER 9, 2023

In her words, “a s lawyers, we play a very important role in ensuring the expeditiousness and efficiency of the procedure ”. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

JULY 12, 2024

First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. of the VIAC Rules ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

DECEMBER 30, 2023

The influence of counsel was often more discernible in written witness statements than oral evidence. The talk confirmed that ESG-questions can and will be the subject of arbitration in growing number, particularly given the advantages of arbitration in terms of efficiency and expeditiousness.

Innovation 52

Innovation Import Sustainability Influencing 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

Following our theoretical framework, we also expect transparency effects to unfold over time with many effects arising through the help of stakeholders – journalists picking up stories based on newly available data, buyers learning about procurement markets or bidder finding new opportunities more efficiently.

Bidder 40

Bidder Transparency Contract Public Procurement 40

University of Bristol

DECEMBER 5, 2022

Procurement rules and policies seek to ensure that contract awards are free from corruption, conflicts of interest or anticompetitive practices, and that these vast sums of public funds generate value for money and support social, environmental, and innovative practices.

Procurement 52

Procurement Government Government Buyers 52

Kluwer Arbitration

DECEMBER 10, 2023

The UK Court of Appeal has affirmed arbitration as the most cost-effective and efficient supranational dispute resolution procedure for such cases. Such financial constraints can discourage individuals from pursuing their privacy rights, emphasising the need for a more accessible and cost-efficient ADR mechanism.

Data 97

Data Balance Transparency Efficiency 97

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. Two questions should be considered to pursue an action: (i) sovereign immunity under international law, and (ii) sovereign immunity under the FSIA, which is U.S.

Corruption 52

Corruption Accountability Influencing Distribution 52