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

JUNE 8, 2024

Stafford highlighted the efficiency of such applications in England and Wales, where there is generally a strict timetable following service of the application on the respondent State. Veit noted that the US’ approach on this issue will shortly be clarified by the Court of Appeal in Washington D.C.

Negotiation 52

Negotiation Import Corruption Demand 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. One solution is for legal teams to establish record processes at the time contracts are being negotiated.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

DECEMBER 31, 2023

With more than 30 provisions improved in the 2024 Rules, which constitute the 10th edition of CIETAC’s arbitration rules, CIETAC is striving to provide parties and arbitral tribunals with more flexibility, efficiency, and transparency throughout arbitration proceedings. The 2024 Rules also introduce rules on early dismissal.

Efficiency 52

Efficiency Consulting Contract Innovation 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

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. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

JULY 7, 2024

While the purpose of the Advisory Centre is to educate and assist its Member States, thereby making the investment dispute settlement system more efficient and smoother, there are reasons to believe that its establishment might contribute to fragmentation.

Education 52

Education Efficiency Integration Integrity 52

Kluwer Arbitration

SEPTEMBER 28, 2023

The FICC then carefully examined the parties’ negotiation history, particularly as it relates to the arbitration clause. The parties then engaged in further negotiations regarding other clauses in the contract, but the arbitration clause remained unchanged. The FICC first affirmed its jurisdiction to review this issue.

Negotiation 40

Negotiation Contract Transportation Transportation 40

Kluwer Arbitration

FEBRUARY 11, 2024

As ICA spreads East from the 1990s, the practice of the arbitrator acting as mediator attracted interest (notably, still, in mainland China ) due to the potential efficiencies. Yet concerns arose especially if the same neutral engaged in ‘caucusing’, due to fundamental principles of neutrality and equal treatment of the parties.

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

DECEMBER 26, 2023

It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. By allowing parties to streamline the resolution process and manage their resources efficiently, AIAC’s framework aligns with the fast-paced demands of trade.

Influencing 98

Influencing Efficiency Leadership Innovation 98

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

JULY 17, 2024

First, the legal system in England and Wales is considered reliable and efficient. These are important considerations for contracting parties negotiating the seat of arbitration in any contract. Pakistani parties, in particular, often favour London as the seat of arbitration. There are a number of reasons for this.

Thresholds 98

Thresholds Import Contract IT 98

Kluwer Arbitration

NOVEMBER 17, 2023

However, taking a step back, if the award merely required the respondent to compensate the claimant with bitcoins or allowed the value of the bitcoins to be determined through parties’ negotiation instead of by reference to the price from a third-party website, would such award be enforceable? As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

University of Bristol

DECEMBER 10, 2019

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

Public Procurement 52

Public Procurement Procurement Government Government 52

Kluwer Arbitration

NOVEMBER 4, 2024

Mr Kim noted that given the considerable imbalance of bargaining power between the employer and the contractor, it is often very difficult for the contractor to negotiate for a fairer concurrency clause. He concluded by urging FIDIC to provide clearer and fairer guidelines on the issue of concurrent delay.

Engineering 52

Engineering Public Private Partnership Consulting Contract 52

Kluwer Arbitration

NOVEMBER 11, 2023

Under the Title “SOS 112” – the German equivalent for the Emergency Line 911 – in-house counsel, legal scholars, litigation PR specialists, and lawyers came together to discuss “how to navigate turbulent waters effectively and efficiently,” as summarized in the opening remarks by Evgenia Peiffer (CMS, DIS40 Co-Chair).

Management 52

Management Efficiency Negotiation Import 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. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

OCTOBER 16, 2023

This interpretation was also consistent with the legislative purpose of the Ordinance, which is to resolve disputes fairly and efficiently through arbitration. This ruling is significant when juxtaposed with the provisions of the Hong Kong Arbitration Ordinance (Cap. The author reserves the right to amend her position if appropriate.

Efficiency 52

Efficiency Innovation IT Negotiation 52

Kluwer Arbitration

JANUARY 13, 2024

Mr. Pager shared a more sceptical view on the efficiency of mediation for investor-states disputes. In his words, the two necessary elements for a mediation to be potentially successful were: (i) a clearly authorized government official who has the capacity to conduct the negotiations, and (ii) the State’s will to reach an agreement.

Balance 52

Balance Transparency Negotiation Government 52

Kluwer Arbitration

APRIL 10, 2024

Through his presentation, Zheng highlighted the unique challenges and considerations involved in arbitrating disputes within or involving Chinese entities, stressing the need for arbitrators to familiarize themselves with China’s legal culture and evidence rules to ensure a fair and efficient process.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts.

Negotiation 52

Negotiation Corruption Government Government 52

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 ”. According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

DECEMBER 16, 2023

Porangaba noted that technological development is key, and that investments in smart grids may increase efficiency of energy distribution. In short time, the AI was corrupted by the users and started sending out violent messages. In 2023, Brazil reached 94% of renewable production in its electrical matrix.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

NOVEMBER 4, 2023

All of the panelists emphasized the importance of using model clauses provided by reputable arbitral institutions, such as SIAC, to ensure efficiency and completeness of procedural requirements, instead of drafting from scratch. Mario Valderrama , who serves as General Counsel in the Philippine Construction Industry.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

NOVEMBER 14, 2023

One solution that the panel explored was the use of cost-efficient processes, such as post-Covid technology solutions, to mitigate some of the expenses traditionally required in arbitration. When it comes to upholding the rule of law in international arbitration disputes, Eugene J.

Transparency 40

Transparency Import Data Efficiency 40