Kluwer Arbitration

JUNE 6, 2024

Dr Baltag first observed that one of the challenges arbitration practitioners are currently facing with regards to ethics and regulation of misbehaviour in international arbitration is the diversity of relevant and applicable standards.

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Ethics Corruption Balance Transparency 52

Kluwer Arbitration

DECEMBER 5, 2023

Ethical Dilemmas Arising in Mediation Following brief opening remarks by Edna R. The panelists offered their reactions to these diverse ethical dilemmas, drawing on their experience to offer views from counsel and mediator perspectives. federal courts.

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Kluwer Arbitration

OCTOBER 21, 2024

The panel delved into (i) the mechanisms and challenges of dispute resolution in the decentralized space, and (ii) the integration of artificial intelligence (“AI”) into judicial systems and arbitration proceedings and the underlying legal and ethical considerations.

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Ethics Integration Integrity Risk Management 52

Kluwer Arbitration

DECEMBER 2, 2023

They now have the flexibility to choose between traditional oral hearings or for the proceedings to be conducted on an “documents-only” basis for the presentation of evidence without oral arguments. from the arbitrators’ side. Failure to comply with Article 10bis’s aforementioned conditions carry significant consequences.

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Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

APRIL 19, 2024

Uyghur Forced Labor Prevention Act (“UFLPA”) , represent a pivotal step toward fostering ethical supply chains, underscoring the shared responsibility of states and corporations in combating human rights violations. As an advocate for such laws, I recognise the urgent need to make supply chains fairer and more ethical.

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Kluwer Arbitration

OCTOBER 14, 2023

Joel Altschul (EY) then illustrated the various ethical considerations that must be considered when engaging with such technology. 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”.

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Kluwer Arbitration

DECEMBER 17, 2023

A vital piece of the puzzle is to select a high-quality quantum expert to help present a client’s case. Herfried recommends that counsel select an expert who understands the applicable law, has strong analytical skills, and maintains credibility and ethical standards that allow the arbitral tribunal to rely upon the expert’s assessments.

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ivalua

AUGUST 21, 2022

Originally published in the 2022 ProcureCon Report “Transforming Procurement: Embracing Digital Innovation and Driving Sustainability” Ethical business practices and sustainability initiatives are forcing organizations to not only stand up, but to also set themselves apart from the competition by implementing ESG and CSR commitments.

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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. If you couldn’t make it or had to leave early (we’ve all been there), here’s what you might have missed.

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Kluwer Arbitration

SEPTEMBER 3, 2024

Emotion AI can generate detailed behavior reports presented in a user-friendly format with visual graphs and data points. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. This technology finds applications in diverse areas, including image recognition and natural language processing.

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Efficiency Ethics Negotiation Participation 52

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

OCTOBER 20, 2023

Key Issues in the Ethics of International Arbitration Practice The second panel addressed key issues in the ethics of arbitration, in a session moderated by Erin Collins (Associate, DLA Piper LLP) and a panel composed of M. The panel discussed the ethics of expert preparation across legal cultures. Further, Ms. Smagin , 599 U.S.

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Ethics Insurance Participation Import 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.

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Kluwer Arbitration

OCTOBER 6, 2023

While most professional rules, which an arbitrator (subject to their profession) may be bound by, dictate certain standards of professional conduct, including ethical standards, there are no such rules when it comes to arbitration. This requirement is also present in the rules of many arbitral institutions. For example, Article 14.1

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Kluwer Arbitration

JANUARY 28, 2024

CLE Credit will be offered for many of the presentations including “Women in Arbitration – California Stories,” “Navigating Arbitrator Disclosures and Challenges in International Arbitration,” and “Ethical Conundrums Faced by Parties and Arbitrators in International Arbitration.” Vitaly Ivanovich Smagin , No. 22–381 (U.S.

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Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

DECEMBER 9, 2023

Mayara Nunes (Deputy Counsel, ICC International Court of Arbitration) provided an overview of the ICC’s activities in Brazil and the Northeast, presenting statistics that indicate a growth trend. Below is a list of the ICC Conference’s main highlights.

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Kluwer Arbitration

MARCH 2, 2024

Secondly, P&ID presented and relied on evidence that it knew to be false. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.

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Corruption Ethics Transparency Import 52

Kluwer Arbitration

JULY 12, 2024

Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. Ethics and Conflicts in International Arbitration Panel 1 was moderated by Julie Bedard.

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Kluwer Arbitration

OCTOBER 1, 2023

Ms Lees provided a number of examples in her experience sitting as arbitrator where the cultural and legal background of a party influenced the way in which they presented their case, including the presentation of witness and documentary evidence. Mr Yin noted that most jurisdictions generally have consistent ethical standards.

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Kluwer Arbitration

OCTOBER 27, 2023

Mr. Potsch then presented an updated analysis on how Brazilian State Courts applied the CISG between August 2020, and June 2023. In its turn, Mr. Cardoso and Mrs. Ramos presented a study regarding UNIDROIT Principles application, respectively, in international commercial arbitration and investment arbitration cases.

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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.” The JAMS AI Rules are new arbitration rules intended to govern disputes involving AI.

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Kluwer Arbitration

JUNE 7, 2024

In Korea, legislation prohibiting profit sharing means that there is presently no appetite for TPF. 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

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Import Ethics Influencing Negotiation 52

Kluwer Arbitration

OCTOBER 20, 2024

Hong Kong has a well-deserved reputation for having an unbeatable work ethic and for being efficient and nimble, which extends to its legal community and the spirit of HKIAC as well. As mentioned earlier, there is also a need to stay innovative, particularly in light of developments in technology. Past interviews are available here.

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Efficiency Innovation Leadership Integration 52

Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. As an alternative to ISDS, the Brazilian Model of Investment Arbitration (“BRAMIA”) was proposed. Guimarães Pereira and Leonardo F. Yet, it is never an easy job.

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Balance Negotiation Ethics Import 52

Kluwer Arbitration

NOVEMBER 25, 2023

Soumil JHANWAR, The Fragmented Consent Framework to Understand Consolidated Arbitrations The existing theories pertaining to joinders and consolidations in arbitration present two contrasting schools of thought for examining multi-party and multi-contract arbitration requests.

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Kluwer Arbitration

FEBRUARY 10, 2024

With this objective in mind, the PAIC, lists a range of investor obligations related to corporate social responsibility, use of natural resources, corporate governance, business, ethics and human rights. See Cargill v. Mexico , ICSID Case No. ARB(AF)/05/2, Award, ¶ 290. The cited document is the January 2023 draft version of the Protocol.

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Kluwer Arbitration

APRIL 20, 2024

We are delighted to present the first issue of the ninth volume of the European Investment Law and Arbitration Review ( EILA Rev ). Many were keen to forecast the end of ISDS in the short term or at least the gradual phase-out of investment treaty arbitration. Loukas Mistelis, Co-Editor-in-Chief Prof.

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Government Contracts Legal Forum

JANUARY 5, 2024

Notably, from FY 2018-2022 GAO found “numerous examples of defense-related M&A that potentially presented risks” to DoD but for which DoD did not participate in antitrust review, in many cases because it appears that the FTC and DOJ may not have reached out to DoD for input and DoD was otherwise unaware of the transaction.

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