Kluwer Arbitration

NOVEMBER 7, 2024

The Chilean Court of Appeals (the “Court”) recently rendered a decision that underscores the importance of impartiality in domestic arbitration proceedings (the “Decision”). Notably, the arbitrator’s inability to offer a convincing explanation for the authorship of the file was a critical factor in the Decision.

Influencing 52

Influencing Integration Integrity Import 52

Kluwer Arbitration

MAY 11, 2024

Enhancing Arbitrator Expertise for International Tech Disputes Technology’s influence on arbitration is increasing, enhancing the efficiency and effectiveness of proceedings. Recognizing and understanding these differences is crucial, as it influences how arbitrators perceive and judge the credibility of testimonies.

Influencing 59

Influencing Integration Integrity Manufacturing 59

Kluwer Arbitration

JUNE 8, 2024

This ICCA Congress had as its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. Referring to his seminal book ( Dealing in Virtue , 1994), Garth discussed the role and importance of people in developing arbitration.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. Cultural Bias Relative to Matters of Substance The most important passage in the whole opinion is the one contained in paragraph 314. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

SEPTEMBER 22, 2024

Regarding authorization procedures, the SIFA requires the Parties to process applications objectively, impartially, and independently from undue influence, with clear, transparent criteria (Articles 19 and 21). Potential Impact and Future Implications In summary, the SIFA marks a significant milestone in international investment law.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

OCTOBER 29, 2024

After an award was issued against it on July 31, 2015, Usimec sought its annulment, claiming that the translator’s lack of independence and impartiality led to the Sole Arbitrator being influenced by unreliable evidence.

Participation 59

Participation Influencing Government Government 59

Kluwer Arbitration

OCTOBER 9, 2024

In this context, he pointed out that the extent to which parties are prepared to fund the arbitration process (“ which price they are willing to pay” ) can significantly influence the tribunal’s ability to thoroughly address the complexities of the case. Streicher added that mediation could also enhance efficiency.

Innovation 52

Innovation Efficiency Balance Quality 52

Kluwer Arbitration

OCTOBER 4, 2024

Recent developments, such as potential statutory adjustments in England and Wales influenced by recommendations from the English Law Commission, underscore the need for clarity in governing law determinations. The controversial ‘composite test’ approach in Anupam Mittal v.

Influencing 52

Influencing Distribution Corruption Evaluation 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The speakers stressed the necessity of genuine credibility and discussed different ways of fairness. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The speakers stressed the necessity of genuine credibility and discussed different ways of fairness. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

FEBRUARY 22, 2024

The Arbitration Law contains some innovative provisions inspired by the UNCITRAL Model Law, constituting an important step towards modernisation. This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation.

Negotiation 52

Negotiation Efficiency Influencing Corruption 52

Kluwer Arbitration

OCTOBER 15, 2024

The panel also stressed the importance of delivering on environmental and cultural commitments in order to build positive relationships and avoid disputes. Finally, the use of legal finance as an insurance policy to protect against adverse cost exposure is becoming more normalised.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

SEPTEMBER 27, 2024

Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. She cited an ICC case Refinería de Cartagena S.A.S.

Insurance 52

Insurance Price Contract Balance 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Mr. Vasconcellos stressed the importance of carefully drafting these clauses to avoid interpretative confusion in case of disputes. She emphasized the importance of precise language to avoid ambiguities. In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

MARCH 20, 2024

Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. Aside from the clause, institutions may rely on other important parameters, among which are (i) the place of the parties, and (ii) the applicable law. Lawyers need to be on top on that.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

OCTOBER 1, 2023

Ms Kwan highlighted that clients consider it important to nominate an arbitrator who is fluent in, or has a good working knowledge of, the language in which their witnesses might testify. He reiterated the importance of ensuring that the words in the witnesses’ statements are their own, as witnesses will invariably be asked that question.

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

DECEMBER 26, 2023

It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. This is one of the most important features that will assist in the enforcement of the Islamic arbitration awards.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

AUGUST 9, 2024

Camilla Perera-de Wit ( Netherlands Arbitration Institution “NAI”) and Robin Oldenstam ( Arbitration Institute of the Stockholm Chamber of Commerce “SCC”) discussed the need for specialised arbitration, emphasising the importance of detailed rules and the expertise of arbitrators in technical fields.

Finance 98

Finance Transparency Demand Sustainability 98

Inter-American Development Bank

JULY 18, 2024

This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Influenced by legacy foreign direct investment policy practices, governments often prioritize lower taxes to stimulate economic growth and attract investment.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

APRIL 15, 2024

The discussion, initiated by Uka, highlighted the shift towards cleaner energy, the importance of upholding obligations under the Paris Agreement , and the crucial role of effective dispute resolution mechanisms in ensuring a smooth transition for Africa. She traced its evolution from wood and coal (e.g.,

Demand 52

Demand Sustainability Capacity Import 52

Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Once this period has expired, the withdrawing state has effectively terminated its membership. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

NOVEMBER 10, 2024

An important modification in the New Arbitration Law is the elimination of Article 1(5) of the LACI, which previously established that the LACI was not applicable to investor-State disputes. Article 34 also offers different time limits for the application to set aside an award in international and domestic arbitrations.

Influencing 52

Influencing Corruption IT Education 52

Kluwer Arbitration

AUGUST 23, 2024

In its decision, the Fujitsu court emphasized the importance of upholding the contracting parties’ intentions when assessing the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. Supreme Court to step in once more to harmonize the varying perspectives.

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

OCTOBER 25, 2024

Chief Justice Upadhyaya also emphasised the importance of cross-jurisdictional collaboration and commended Singapore’s efforts in fostering an arbitration-friendly environment. The conversation delved into important topics such as the use of technology, cross-border judicial cooperation, and the need for codes of conduct in arbitration.

Ethics 52

Ethics Efficiency Import Export 52

Kluwer Arbitration

SEPTEMBER 24, 2024

Prospects, Challenges, and Strategic Considerations The KG’s decision suggested solutions for handling important procedural issues in disputes involving sanctioned Russian parties. While not undermining the significance of this step, it is still open for discussion whether these solutions can be effectively utilized in similar cases.

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

JUNE 7, 2024

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. Mulheron emphasized the importance of including both financial and prudential aspects in such a regulatory regime.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JANUARY 31, 2024

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. Singapore too is pursuing similar initiatives.

Efficiency 52

Efficiency Innovation Influencing Management 52

Kluwer Arbitration

SEPTEMBER 11, 2024

Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). However, Burton J. To that extent, one may argue that this part of the Orascom ruling is obiter dicta.

Thresholds 98

Thresholds Contract Influencing IT 98

Kluwer Arbitration

JUNE 8, 2024

Further, the importance of planning for budget overruns was discussed, given the unpredictable nature of investment claims in terms of their duration and cost. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.

Influencing 52

Influencing Balance Negotiation Corruption 52

How to Crack a Nut

MARCH 10, 2023

And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). Moreover, there are different (and emerging) approaches to AI explainability, and their suitability may well be contingent upon the specific intended use or function of the explanation.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

DECEMBER 9, 2023

In her words, “a s lawyers, we play a very important role in ensuring the expeditiousness and efficiency of the procedure ”. He underscored the importance of parties expressly clarifying their expectations regarding the method of calculating and updating these fees. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Demand Bidding 52

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. Grove Pham demonstrate the importance of confronting biases when faced with witnesses who require an interpreter.

Import 52

Import Influencing Corruption Evaluation 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.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

MAY 14, 2024

Similarly to cases involving corruption or money laundering. Finally, Thieffry was asked to shed light on the notion of ‘environment-friendly arbitrator,’ emphasizing the importance of upholding arbitral duties and procedural efficiency. The lawmakers’ intent regarding the mandatory character of such rules may be decisive.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

APRIL 11, 2024

Paris, amidst its annual Arbitration Week in 2024 , saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia.

Innovation 52

Innovation Influencing Logistics Negotiation 52

Kluwer Arbitration

JUNE 7, 2024

their risk, value, and terms) whereas from the state’s side, and the write-off of debt to intervene a systematically important bank may be of an existential nature. There are two legal points to preliminary consider: from the investors’ side, the bonds as such must be assessed (e.g.

Tender 52

Tender Insurance Influencing Finance 52

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. Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration.

Innovation 52

Innovation Import Influencing Balance 52