Kluwer Arbitration

DECEMBER 14, 2024

Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. While originally the new ideas in international arbitration were introduced mainly by a few academic reviews, todays thought-leadership takes a variety of forms.

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Management Corruption Negotiation Import 52

Kluwer Arbitration

MAY 14, 2024

After that, she underlined three potential relations between ESG issues and FM clauses: FM clauses with general definitions followed by a list of FM events, including ESG-related issues. FM clauses with a limited list of FM events but stating that other events could be included. FM clauses excluding climate-related issues.

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Kluwer Arbitration

JUNE 8, 2024

In this event, Richard Leedham (Mishcon de Reya) discussed a number of mass litigation brought in English courts, such as the Mariana v BHP dam rupture case, the Glencore securities litigation , as well as the Morris v Williamss & Co case concerning negligent legal advice. Applicable Regime to Mass Litigation Topic (ii) (i.e.

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Supply Chain Demand Influencing Distribution 52

Kluwer Arbitration

JUNE 8, 2024

On 6 June 2024, Hogan Lovells and Twenty Essex co-hosted a London International Disputes Week (“LIDW”) event on the topic “ How Can Investment Protection Contribute to the Energy Transition? “ The event brought together leading experts to discuss the intersection of investment law and the global shift towards sustainable energy.

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Kluwer Arbitration

JUNE 8, 2024

One month after the conclusion of the 26th ICCA Congress, we look back and reflect on this remarkable event in the narrative around international arbitration. Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration.

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Kluwer Arbitration

APRIL 15, 2024

Recognising this, Templars, a top-tier Nigerian law firm, hosted an event on 6 February 2024, titled “The Role of Arbitration in the Energy Transition in Africa”, as part of the 2024 LCIA West-Africa Roadshow. This event examined the critical role of dispute resolution in navigating this complex transformation.

Demand 52

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Kluwer Arbitration

SEPTEMBER 27, 2024

Music, a Highly Sought-After Event, and Dialogue with the Judiciary To set the evening’s tone, the Instituto Reciclando Sons performed Brazilian MPB classics. Justice Cueva emphasized CBAr’s pivotal role in promoting a dialogue between public and private sectors, citing the 2023 “Arbitration and Judiciary” event at the STJ as an example.

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Inter-American Development Bank

JULY 18, 2024

Senior tax policymakers from across the region attended the event organized by the IDB, the World Bank and the G-20 Brazilian presidency, represented during the event by Ministry of Finance and Receita Federal do Brasil (RFB), the country’s federal tax agency. Strengthening institutions, rule of Law, and protecting property rights.

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Import Capacity Evaluation Government 52

Kluwer Arbitration

FEBRUARY 8, 2024

In addition to judicial developments, several initiatives and events enriched 2023. Part 1 addresses arbitrator impartiality and independence and the unconscionability of arbitration agreements, as well as salient events and initiatives, whereas Part 2 shines light on the courts’ approach to procedural fairness and “fresh evidence.”

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Kluwer Arbitration

OCTOBER 9, 2024

The DIS Autumn Conference , held on 10 September 2024, was the main event of the Berlin Dispute Resolution Days , which took place from 9 to 12 September 2024 and were jointly organized by the German Arbitration Institute (DIS) , the Federal Ministry of Justice , and the Humboldt University in Berlin.

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Kluwer Arbitration

JANUARY 28, 2024

This blog post highlights the past year’s most notable events impacting international arbitration practitioners in the Golden State. In-person events were held at White & Case, King & Spalding, Squire Patton Boggs, Norton Rose Fulbright, JAMS, LimNexus, and the University of Southern California. Vitaly Ivanovich Smagin , No.

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Kluwer Arbitration

MARCH 21, 2024

The eighth edition of the Paris Arbitration Week (“PAW”) started this Monday with Addleshaw Goddard hosting a roundtable event on “The Evolution of Arbitration in the Central Eastern Europe and Central Asia Regions: A Roadmap for the Future”. Dörfelt (Hamburg) and Dr. Markus Perkams (Frankfurt).

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Kluwer Arbitration

JANUARY 31, 2024

When everything is recorded on-chain, events and facts will be harder to dispute. Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration.

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Kluwer Arbitration

DECEMBER 12, 2024

She offered a taxonomy of these disputes, based on the nature of the parties involved, their forum, and their legal basis, and she stressed that they have the potential to influence the conduct of both States and private actors. Finally, Andrs Jana (Jana & Gil) dealt with the problem of causation.

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Kluwer Arbitration

SEPTEMBER 27, 2024

In this sense, he explains that these deviations must be continuously reflected in the planning of the project to avoid losses, and mechanisms like risk event pricing help manage this incompleteness. He defended that proper risk management can lead to cost savings.

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Insurance Price Balance Import 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.

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Public Private Partnership Ethics Efficiency Influencing 52

Kluwer Arbitration

MAY 8, 2024

This post reports on the events of Tuesday, 7 May 2024, the second full day of the Congress. 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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Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

This post reports on the events of Tuesday, 7 May 2024, the second full day of the Congress. 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

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

MARCH 12, 2024

Albeit that this creates a welcome safety mechanism for the parties in the event that the arbitrator (and/or the arbitration institution) fails to play by the rules, Art. Further, pursuant to the new Art. 10bis(2) points to the risk inherent in the new regime under Art. 10(3) FAL (as amended). 28(2) FAL (as amended).

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Kluwer Arbitration

SEPTEMBER 23, 2024

As mentioned at the opening ceremony in March 2024, the Vis Moot has changed the professional and personal lives of countless mooties, in addition to becoming a staple event on the arbitration calendar. However, the Vis Moot has achieved much more than just its goals. Dr. Christopher Kee, Prof. Dr. Stefan Kröll, and Mag.

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Kluwer Arbitration

DECEMBER 30, 2023

This year, YAS celebrates a milestone of 20 years since its founding and the larger venue reflects the ongoing success of the organization’s flagship event. The influence of counsel was often more discernible in written witness statements than oral evidence. Posthuset ), the home of the Stockholm International Hearing Centre (SIHC).

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Innovation Import Sustainability Influencing 52

Kluwer Arbitration

SEPTEMBER 2, 2024

There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator. In addition, and in any event, the Loan was repaid prior to the arbitration hearing. If doubt exists, it should be promptly raised with the tribunal.

Influencing 52

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Kluwer Arbitration

OCTOBER 1, 2023

The event was well-attended by members of the Australian arbitration community and beyond. 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.

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Import Retail Ethics Influencing 40

Kluwer Arbitration

DECEMBER 23, 2023

This post provides an overview of the key highlights from the event. Diana Bayzakova, director of the TIAC, further explained how these changes have influenced the choice of TIAC as a preferred arbitral institution and have also shaped the perception of Uzbekistan as a neutral jurisdiction. He shared the recent projects of EBRD.

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Kluwer Arbitration

JULY 22, 2024

In any event, the Claimant failed to demonstrate that “any legitimate expectations arose, or were relied upon” (para. 302); it concluded that no breach of the FET clause had been committed. Recently in the IC Power case, decided under the Peru-Singapore FTA , the tribunal also took that position (paras.

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Kluwer Arbitration

JUNE 7, 2024

This post summarizes an event hosted by Stewarts LLP as part of the 2024 London International Disputes Week (“LIDW”) on the topic of third-party funding (“TPF”) regulation across various jurisdictions. In keeping with the ethos of LIDW, the discussion covered funding with respect to both arbitration and litigation.

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Import Ethics Influencing Negotiation 52

Kluwer Arbitration

APRIL 1, 2024

The event featured David Bigge (Chief of Investment Arbitration, U.S. Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system.

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Kluwer Arbitration

JANUARY 23, 2024

Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage. While eyes were focused on Abu Dhabi’s record-breaking fireworks display , the new year also brought a new arbitral institution: the Abu Dhabi International Arbitration Centre , known as arbitrateAD.

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Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 9, 2023

The Third ICC Arbitration Conference for the Northeast of Brazil (“ICC Conference”), convened by the International Chamber of Commerce Court and the National Committee of Brazil, took place on 4 October 2023, to commemorate this historic event. Below is a list of the ICC Conference’s main highlights.

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Public Bidding Import Demand Bidding 52

Kluwer Arbitration

SEPTEMBER 5, 2024

Altogether, this suggests a new layer of complexity for practitioners of ISDS, who will need to verify multiple sources to ascertain the full scope of the parties’ procedural rights and obligations in the event of an investment dispute, and any amendments thereto.

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Kluwer Arbitration

JUNE 7, 2024

Bank collapse is no longer an anomaly and the insights gained during this event highlight the multifaceted considerations surrounding a potential ISDS claim from affected bondholders. Conclusions The global financial system may be systematically more resilient after the 2007/2008 financial crisis.

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Kluwer Arbitration

MARCH 21, 2024

In any event, a friendship relationship should never hinder the pursuit of truth, or as Aristotle said, Amicus Plato, sed magis amica veritas (“Plato is my friend, but truth is a better friend”). Firstly , if we consider the case of true friends, the disclosure is obviously required. The question is then, what should one disclose?

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Kluwer Arbitration

FEBRUARY 26, 2024

In contrast, use of interpreters is influenced by the choice of language, since the choice of language impacts whether interpreters are necessary, but ultimately affects perceptions of witnesses rather than lawyers. The arbitrator in FCM v.

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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. The focus is to ease access to Japanese courts for enforcing arbitration awards.

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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. In the event that a challenge escalates to court, the ART’s prior determinations significantly shape the court’s course of action.

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Kluwer Arbitration

DECEMBER 15, 2023

The divergent conclusions reached in these decisions invite an analysis of the principled bases of this remedy and how they influenced their outcomes. This post summarises four recent decisions on this issue and illustrates their divergent outcomes, before analysing the competing issues of principle which underpin this division of opinion.

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Kluwer Arbitration

DECEMBER 8, 2023

This view seems to support the primacy of documentary evidence, particularly in the electronic era, where documents provide an almost complete record of the events that transpired. Lay evidence is seen to have taken a back seat, limited to adding context and narrative to the documentary record.

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