Kluwer Arbitration

JUNE 8, 2024

On the final day of London International Disputes Week 2024 (“LIDW”), LALIVE and Kobre & Kim hosted an event on arbitration and enforcement involving sovereign States. The panel of speakers comprised Andrew Stafford KC and Nicholas Surmacz of Kobre & Kim, as well as Sandrine Giroud and Marc Veit of LALIVE.

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Kluwer Arbitration

DECEMBER 26, 2023

We have made enhancements to various provisions, including consolidation and joinder provisions, technical review provisions, third-party funding provisions, summary determination, and settlement negotiations. What do you see as the role of YPG and what lies on the horizon in terms of upcoming events or initiatives?

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Kluwer Arbitration

DECEMBER 3, 2023

On November 16, 2023, during the 5 th annual New York Arbitration Week , DLA Piper hosted a double feature event focused on the effective management of risks and disputes in the context of M&A transactions. No matter the context, whether it be pre- or post-closing, the panelists all agreed with Ms.

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Kluwer Arbitration

FEBRUARY 22, 2024

The event kicked-off with a review of Jus Mundi’s latest energy arbitration report which highlighted International Centre for Settlement of Investment Disputes (“ ICSID ”) ’s continued dominance as the leading arbitral forum for investor-state energy disputes globally.

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Kluwer Arbitration

APRIL 13, 2024

CAD is notable as an entirely student-organized event on the international arbitration calendar. Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations. International prejudice also comes to mind as a severe challenge when negotiating BITs.

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Kluwer Arbitration

OCTOBER 14, 2024

At the appeal stage, the Portuguese State successfully sustained that the COVID-19 pandemic should have been considered a force majeure event under the Concession Agreement and that the arbitral tribunal should therefore have excluded the applicability of the change in circumstances institute. By way of background, under Decree-Law no.

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Kluwer Arbitration

MARCH 30, 2024

In any event, Ms. Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements. All in all, the panelists agreed that the increasing use of mediation and negotiation imply a change of mindset within Brazil, although there is still much room for growth.

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Kluwer Arbitration

APRIL 9, 2024

40208 International Skating Union’s Eligibility rules , that the rules in the International Skating Union (“ISU”) regulations (“Eligibility Rules”) punishing skater members for competing in unauthorized events offended against EU competition law (Art. This is unmistakably seen in para.

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Kluwer Arbitration

JANUARY 13, 2024

The event was organized by the CAM Santiago and Jana & Gil Dispute Resolution , and sponsored by the International Centre for Settlement of Investment Disputes – ICSID and the Asociación Latinoamericana de Arbitraje – ALARB. He kicked off the event addressing the development of ICSID and the role of Latin American States.

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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

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. To some extent, Prof. Gazprom (2022).

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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.

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Kluwer Arbitration

JANUARY 14, 2024

The Blog also covered several major arbitration events in the region, where practitioners discussed their perspectives on current trends. Our contributor noted that this is the first time the distinction between “admissibility” and “jurisdiction” was clarified at the CFA level in Hong Kong.

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Kluwer Arbitration

JULY 15, 2024

Despite the Administrative Court of Justice’s decision, which is in any event not binding on other courts, the prevailing view (at least before arbitration tribunals) remained that the necessary approvals were required for the operability of an arbitration agreement (see for example: ACIC Case no. 36/84/42/121).

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Kluwer Arbitration

MARCH 25, 2024

The event was hosted by Prof. Finally, Szabolcs Nagy highlighted the problems that negotiators of the Member States and the EU are facing in finding a legally sound solution for the withdrawal from the ECT without violating the Rule of Law.

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Kluwer Arbitration

AUGUST 7, 2024

Since the negotiations turned out unsuccessful, the Claimant filed with the RAC to recover the debt under the contract and the late payment interest under the Thailand Civil and Commercial Code. Later, the Respondent refused to pay for the goods, since a substantial part of the goods received by the Respondent were of poor quality (rotten).

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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. From the funders’ perspective, Harshiv Thakerar stated that in principle, funders do not attempt to recover more than 50%.

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Kluwer Arbitration

FEBRUARY 7, 2024

Gathering over 700 attendees from a cross-section of the arbitration community, IAW featured more than 40 events over six days in a series of in-person and virtual panels. The breadth and diversity of the event set the stage for engaging and insightful discussions on a wide array of topics.

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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.

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Kluwer Arbitration

FEBRUARY 8, 2024

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 A bit more predictability when it comes to “fresh evidence” in post-award proceedings would also be appreciated.

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Kluwer Arbitration

OCTOBER 16, 2023

Under Sections 34 and 81 of the Ordinance, Hong Kong courts may undertake a de novo review of an award rendered by an arbitral tribunal and subsequently set it aside in the event a party pleads before them that the arbitral tribunal lacked “jurisdiction” to hear the claim. The author reserves the right to amend her position if appropriate.

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Kluwer Arbitration

MARCH 11, 2024

Accessing funding will depend on meeting funding criteria and not every event, loss or damage caused by climate change will meet the criteria. Article 8 stops short of providing a basis for any liability or compensation. All are available to watch in full here.

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Kluwer Arbitration

NOVEMBER 11, 2023

This post provides a description of the discussions held during this event. Bernhard Bell stressed that, in practice, at least an emergency arbitrator’s decision will be likely to trigger settlement negotiations between the parties. A Fire Debate: Are Commercial Courts the Better Choice in Emergency Cases?

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Kluwer Arbitration

SEPTEMBER 14, 2024

In any event, the Tribunal cannot see how Mr. Wilson’s remarks infringe upon the integrity of the proceedings or the orderly conduct of the arbitration” (para 64). However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones.

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Kluwer Arbitration

MARCH 20, 2024

As part of Day 1 of Paris Arbitration Week (“PAW”), Laborde Law held its first PAW event of the week at the Hotel Plaza Athénée, which included two panels addressing issues related to investor-State Dispute Settlement (“ISDS”).

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Kluwer Arbitration

DECEMBER 16, 2023

The Congress opened this year’s Sao Paulo Arbitration Week (“SPAW”): a collaborative calendar for law firms, universities, associations, and institutions to organize and promote alternative dispute resolution-related events in Sao Paulo. In short time, the AI was corrupted by the users and started sending out violent messages.

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Kluwer Arbitration

JANUARY 18, 2025

Due to the short timelines of emergency arbitration proceedings, an application filed during an inconvenient time of year can compel even the most intransigent parties to come to the negotiation table. He observed that a mere (but credible) threat of emergency arbitration often serves as a powerful tool to de-escalate conflicts.

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Kluwer Arbitration

FEBRUARY 17, 2025

However, recent global hyper-inflation and supply chain disruptions caused by geopolitical events have resulted in substantial cost overruns for many projects in the Middle East. Historically, inflation has not been a major issue for the KSA’s construction industry. We look forward to attending the SCCA 25 Conference !

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Kluwer Arbitration

NOVEMBER 18, 2024

On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.”

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Kluwer Arbitration

FEBRUARY 18, 2025

Notwithstanding the constantly changing political climate and policies in different countries across the continent, the continued growth of arbitration in Africa remains relentless with exciting events and collaborations as well as judicial, legislative and institutional developments. Significant Arbitration Cases a.

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Kluwer Arbitration

JANUARY 16, 2025

For example, in Switzerland, an arbitration agreement may bind non-signatories if they have interfered in the negotiation or performance of a contract containing an arbitration clause, thereby implying their agreement to such clause. This workshop will be a practical demonstration with active input from the attendees.

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Kluwer Arbitration

NOVEMBER 15, 2024

Opening Remarks: CAM-CCBC’s Latest news Rodrigo Garcia da Fonseca , CAM-CCBC President, kicked off the event with a warm welcome. Finally, Thierry Tomasi shared his experience with investment funds in France, noting how cultural differences can shape disputes, particularly around contract negotiation and document production.

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Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. TPP’s active and leading involvement in the negotiation and implementation of the project, coupled with an amendment that TPP signed as a party, further solidified its status. f) limited claims to Greenfield.

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Kluwer Arbitration

MARCH 24, 2025

However, per the wording of the provision, it only covers the rejection of a contract or a legal issue arising during the negotiation of the contract with a future contractual partner. In the event of a rejection of a work plan, legal protection under Art. In the event of a rejection of a work plan, legal protection under Art.

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Kluwer Arbitration

JANUARY 23, 2025

To grant an injunction simply on the basis that Asiana entered into an arbitration agreement with GGS would prejudice Asiana because, in the event that Korea is the natural forum, there may not be any other jurisdiction where the directors can be held personally liable.

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Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays. A provision that, as Ms.

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Kluwer Arbitration

JANUARY 15, 2025

Today, I am active in several associations, such as the Swedish Anti-Corruption Institute , the International Law Association , and the International Federation of Commercial Arbitration Institutions. I spend time arranging, speaking at, moderating and participating in international events. Past interviews are available here.

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