Kluwer Arbitration

NOVEMBER 15, 2024

He presented an overview of the institution’s recent achievements: 100 new arbitrations in 2024 alone, and a significant partnership with JusMundi to publish selected arbitration awards—more on that later. She posed thought-provoking questions on how arbitrators should contribute to efficient dispute resolution.

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Inter-American Development Bank

OCTOBER 31, 2024

Smart public procurement refers to making optimal decisions to minimize waste and enhance the quality, efficiency and sustainability of public spending when purchasing and contracting goods, works and services. This reduction would not only lead to lower interest expenses but also stimulate GDP growth by fostering a more efficient economy.

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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).

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Efficiency Corruption IT Consulting 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

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.

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Procurement Public Procurement E-procurement Participation 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.

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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.

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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.

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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).

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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.

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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.

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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.

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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.

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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.

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Procurement E-procurement Public Procurement Sustainability 88

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 4, 2024

Nina Tsaturova (Head of Legal & Director, Intelligent Solution LLC) presented her analysis on the parties’ compliance with dispute board decisions. Ruggiero also stressed the importance of the engineer’s timely decisions, as delayed determination would inevitably erode trust to the engineer.

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Kluwer Arbitration

OCTOBER 21, 2024

Key Takeaways The integration of AI in judicial systems and decentralized dispute resolution present both opportunities and challenges. As of now, it seems to be the judiciary’s view that AI must only be used as a support tool, and it cannot replace the judge or judicial officer.

Ethics 52

Ethics Integration Integrity Risk Management 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 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.

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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.

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Kluwer Arbitration

SEPTEMBER 6, 2024

Benz , Elena Gutiérrez , Dr. Elina Mereminskaya , and Noradèle Radjai presented a selection of recent cases from different jurisdictions and asked the audience whether they would, in the respective situation, assume a due process violation or not. Panelists Jeffrey G. Reid and composed of Prof.

Participation 52

Participation Import Balance Corruption 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.

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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

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Kluwer Arbitration

SEPTEMBER 17, 2024

It offers a comparative view of the approaches adopted by different national jurisdictions and arbitral institutions, helping users increase their research efficiency and providing quick links to suggested reading to explore further, mitigate risk, and optimise case strategy.

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Data Participation Corruption Transparency 59

Kluwer Arbitration

MARCH 22, 2024

The introductions were followed by a presentation by each speaker on something new, something old and something borrowed by their respective jurisdictions in recent arbitration legislative developments. Germany Ms Baumann first discussed the draft arbitration bill presented in February 2024 by the German Federal Ministry of Justice.

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Kluwer Arbitration

NOVEMBER 4, 2024

During the two-day conference, the speakers presented an update on developments and trends in the construction industry while sharing their insights into contracts and disputes. This part reports on the first day, while part 2 outlines to the second day. Chaired by Mr. Peter Rosher (Partner, Reed Smith LLP), this interactive session had Ms.

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Engineering Public Private Partnership Consulting Contract 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

JUNE 26, 2024

JAMS describes these new rules as “clear guidelines and procedures that address the unique challenges presented by AI, such as questions of liability, algorithmic transparency, and ethical considerations.” These expedited procedures are a significant step towards streamlining arbitrations, making them more cost and time efficient.

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