Kluwer Arbitration

MAY 10, 2024

It reports on the last day of the Congress on Wednesday, 8 May 2024, which looked at the present and into the future to determine how new technologies may shape the human experience in international arbitration. Among those that do use it, they often resort to generative AI to make internal processes such as marketing more efficient.

Efficiency 52

Efficiency Innovation Balance Integration 52

Open Contracting Partnership

MARCH 5, 2024

For example, with our support, the Dominican Republic’s procurement agency monitors all transactions in the country’s electronic procurement system in real-time using 21 automated corruption red flag risk indicators. They are deeply embedded in their communities, navigating its political economy and present in the policy conversations.

Procurement 89

Procurement E-procurement Public Procurement Sustainability 89

Kluwer Arbitration

AUGUST 15, 2024

Rouven F Bodenheimer, The Tribunal Visualized Approach: Improving Proceedings by Visualized Case Introduction Efficiency in international arbitration has long been contentious, as promised benefits often fail to materialize, leading to user dissatisfaction. Despite ongoing debates and procedural innovations, underlying inefficiencies persist.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

JANUARY 27, 2024

Technology enabled more efficient research. We have published over 4,400 blog posts in the past 15 years, and the diversity of topics and perspectives is impressive and constantly present, from posts authored by established arbitration practitioners to those authored by students aspiring to a career in arbitration.

Corruption 96

Corruption Quality Participation Data 96

Kluwer Arbitration

OCTOBER 17, 2024

While offering settlement slots may add additional steps to the proceedings, it is submitted that these will ultimately benefit the parties, as they allow all stakeholders to focus on key issues in order to be efficient and effective. The authors thank Ms. Emily Hay for her careful review.

Negotiation 97

Negotiation Management Budget Efficiency 97

Open Contracting Partnership

AUGUST 3, 2023

Introductory course The School of Applied Research in Public Procurement sought to develop participants’ skills in monitoring, research, policy analysis, and promoting public procurement reforms and open contracting in Central Asia, with a vision to improve transparency, accountability and efficiency in the use of public funds.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

OCTOBER 14, 2023

Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated in an ICC award , “corruption is an international evil”. Collectively we can ensure that international arbitration remains a trusted, efficient, and relevant form of global dispute resolution.

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

JUNE 4, 2024

This post presents a comparative analysis between the Existing Act and the Draft Law to demonstrate the ways that the latest innovations would support modernization of Pakistan’s arbitration regime. These changes are indeed positive because they increase the independence and cost-efficiency of the arbitration process. 12 and 13).

Efficiency 52

Efficiency Corruption Consulting IT 52

Kluwer Arbitration

DECEMBER 5, 2023

Österle led the discussion presenting a variety of provocative hypothetical scenarios that might arise in the course of a mediation, from the case of the mediator who suspects a party is seeking a fraudulent settlement to the case of counsel who appears to be standing in the way of a settlement due to divergent interests.

Ethics 52

Ethics Efficiency Participation Telecommunication 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

AUGUST 20, 2024

The present decision clarifies the position under Dutch law, at least in part. 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 98

Corruption IT Purchasing Efficiency 98

Kluwer Arbitration

DECEMBER 21, 2023

This blog post presents details about the arbitration award that was procured through fraud, its subsequent challenge in the English court, and the duties of arbitrators during the adversarial procedure. Secondly, P&ID continued to bribe during the arbitration process to hide the previous corrupt payments to the same individual (§509).

IT 52

IT Corruption Ethics Education 52

Kluwer Arbitration

JUNE 8, 2024

The present post summarises the discussions held during the event. The Centre boasts a high efficiency rate, with 45% of cases following expedited procedures and an average dispute amount of 22 million CHF. CAM-CCBC is noted for its efficiency, with an average case duration of 21 months.

Efficiency 52

Efficiency Import Finance Innovation 52

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. Moreover, Denmark is number 1 in the latest indices for the rule of law and perceived lack of corruption , and number 3 in the UN SDG index, which add to the attraction of Danish arbitration.

Thresholds 52

Thresholds Corruption Import Management 52

Kluwer Arbitration

APRIL 3, 2024

In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration , sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements.

Influencing 52

Influencing Balance Capacity Import 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 Negotiation 52

Kluwer Arbitration

APRIL 11, 2024

During the California International Arbitration Week, held in San Francisco, California, on March 11-14, 2024 ( full schedule ), the Shenzhen Court of International Arbitration (SCIA) presented a panel on U.S.-China This post presents some highlights from the program and additional thematic remarks. China commercial dispute resolution.

Electronics 52

Electronics Management Efficiency Networking 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.

Buyers 52

Buyers Efficiency Balance Influencing 52

Kluwer Arbitration

MARCH 30, 2024

Serra e Moura pointed out, in 1923, the ICC Court was established in Paris by a group of entrepreneurs, aiming to provide clients with an efficient dispute resolution mechanism. This shift creates a more cost-efficient legal department, and ultimately allows more time and energy to be directed at the creative process itself.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Adriana Braghetta , was entitled “Technical Evidence in Infrastructure Arbitrations” and was divided into three major fronts: (i) the difficulty of proving causation in infrastructure disputes, presented by Ms. Elena Landau and Ms. Karla Bertocco Trindade. The main highlights from these panels are outlined below.

Sustainability 52

Sustainability Engineering Distribution Contract 52

Kluwer Arbitration

NOVEMBER 8, 2023

If necessary, the court must ask questions to elucidate the relevant facts, while respecting its duty of neutrality and the principle that it is solely for the parties to present all the relevant facts of the case. An opt-out will do because it will often be efficient to adopt inquisitorial processes facilitating settlement.

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

DECEMBER 9, 2023

The CIAM new Rules are the result of the joint work of the CIAM’s Chair, José María Alonso , the Best Practices Commission, and the Secretariat , who, with the support of leading international arbitration professionals, have introduced new changes with the aim of strengthening the effectiveness and efficiency of arbitration proceedings.

Efficiency 52

Efficiency Insurance Corruption Transparency 52

Kluwer Arbitration

MAY 8, 2024

The discussion benefited from the presentation of empirical research highlighting how language reveals various aspects of identity such as nationality and education, but does not accurately reflect intelligence, and the presentation of an empirical survey on bilingual Chinese-English arbitrations.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

The discussion benefited from the presentation of empirical research highlighting how language reveals various aspects of identity such as nationality and education, but does not accurately reflect intelligence, and the presentation of an empirical survey on bilingual Chinese-English arbitrations.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

NOVEMBER 19, 2023

Similarly, Mr. Choong claimed that Blockchain can just as much benefit from AI because in digital transactions the latter can increase the efficiency of the former. McClure mentioned that the list of such jurisdictions includes the People’s Republic of China (“PRC”) and Greece. More coverage from Seoul ADR Week is available here.

Efficiency 52

Efficiency Purchasing Data Finance 52

Kluwer Arbitration

JULY 31, 2024

Factual and Procedural Background The present dispute arose out of an unpaid debt incurred by Sian Participation Corp (“Appellant”) to Halimeda International Ltd (“Respondent”). The negative obligation is not offended by the presentation of a winding-up petition as the court does not resolve a petitioner’s claim in a winding-up petition.

Retail 52

Retail Participation Corruption IT 52

Kluwer Arbitration

APRIL 15, 2024

This presents a significant export opportunity for African nations. Mergers and acquisitions, joint ventures, and contractual disputes arising from partnerships present opportunities for utilising arbitration. Ozor noted that the suitability of arbitration depends on the nature of the dispute.

Demand 52

Demand Sustainability Capacity Import 52

Kluwer Arbitration

JULY 7, 2024

The statute, incorporating inputs from over 70 state delegations and 40 international organisations, will be presented for approval at the upcoming 57 th Commission session of UNCITRAL, scheduled between 24 June and 12 July 2024.

Education 52

Education Efficiency Negotiation Integration 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

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

APRIL 10, 2024

Kang finally discussed the challenges of cross-border data restrictions on evidence collection and presentation, stressing the importance for legal practitioners to adeptly manage evidence and strategize in complex international legal scenarios.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

APRIL 21, 2024

At the global level , the CGA continues to focus on the close parallels between sustainability commitments, cost-savings, and increased efficiency of proceedings. Look for CGA representatives at ICCA Hong Kong , LIDW , and many upcoming events. What you do makes a difference, and you have to decide what kind of difference you want to make.”

Sustainability 59

Sustainability Participation Corruption Efficiency 59

Tracker Intelligence

DECEMBER 30, 2024

Beyond the Bottom Line: Social value prioritises community well-being over just financial efficiency. Contracts that seek to provide energy-efficient solutions and implement waste-minimisation strategies to promote activities with minimal environmental impact.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

JANUARY 14, 2024

The 2024 Rules are presently available in English and Arabic , with a French version expected to be made available soon. The 2024 Rules aim at increasing efficiency, flexibility and transparency of arbitral proceedings conducted under the auspices of the CRCICA.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

JULY 4, 2024

Indeed, remote hearings have increasingly been lauded for their cost and time efficiencies. Pursuant to paragraph 2 of Annex 3, and as noted by Freedman J, the English court’s starting point is that videoconferencing is “inevitably not as ideal as having the witness physically present in court”.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

OCTOBER 20, 2024

The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity. It is widely recognized that technology can increase efficiency in arbitration proceedings.

Efficiency 52

Efficiency Innovation Leadership Capacity 52

Kluwer Arbitration

OCTOBER 4, 2023

Therefore, competence-competence merely aims at ensuring procedural efficiency giving no meaningful effect to the tribunal’s determination. This principle aligns with the overall scheme of the English Arbitration Act 1996 and is consistent with the past and present English practice.

Consulting 75

Consulting Participation IT Corruption 75