Kluwer Arbitration

JANUARY 4, 2024

It continued to be an important point of discussion for the Australian arbitration community in 2023, as we saw two panel discussions on the topic, run by the Australian Centre for International Commercial Arbitration (ACICA) and ACICA 45 respectively, and the launch of the ACICA Diversity Committee.

Insurance 52

Insurance Ethics Contract IT 52

Kluwer Arbitration

JANUARY 4, 2024

Clearly, sanctions have become increasingly important with Russia’s invasion of Ukraine. From a company’s commercial perspective, the panel emphasised the importance of involving all the relevant stakeholders in the decision-making process. The document was only ten pages long and targeted some 20 individuals. But what are sanctions?

Insurance 52

Insurance Media Contract Import 52

Kluwer Arbitration

DECEMBER 16, 2023

Panel 1: Green Transition and the Future of Energy Arbitration Mr. Gabriel Seijo , partner at Cescon Barrieu and the panel’s moderator, opened the discussions stating the importance of having a panel focused on green transition due to the rising impact of these discussions on society. The last panelist, Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

MAY 25, 2024

Indeed, even winning parties who anticipate voluntary compliance may want back-up insurance that does not expire in three years. Whatever the reason for the high rate of uncontested outcomes, we believe they are an important feature of parties’ post-award conduct. Int’l L.), Int’l L.), Federal Courts: An Empirical Study, 65 VA.

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

JANUARY 8, 2024

In another decision dated May 9, 2023, the STJ addressed the extent of subrogation of rights by insurers. 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

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

JUNE 22, 2024

Following this, James Hosking addressed the progressive role of emergency arbitrators in transnational proceedings, highlighting their importance during the material impossibility of a not-yet-constituted arbitral tribunal.

Insurance 52

Insurance Integration Integrity IT 52

Kluwer Arbitration

DECEMBER 7, 2023

The Task Force is part of the ITA’s Americas Initiative , which over the past two decades has played an important role in the development of arbitration in Latin America. Recognising the growing importance of other large parts of the Americas, the Americas Initiative has now expanded its focus to the Caribbean and Canada.

IT 52

IT Education Influencing Finance 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. If needed, funders may resort to insurance arrangement to cover the security.

Tender 52

Tender Insurance Influencing Finance 52

Kluwer Arbitration

FEBRUARY 5, 2024

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“ Judgment ”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. This makes the Judgment an important exposition of law in the field of arbitration for India. Indo Unique Flame Ltd.

Import 52

Import Balance Contract IT 52

Kluwer Arbitration

DECEMBER 12, 2023

It is important to underline that articles 2059 and 2060 of the FCPC are not applicable to international arbitration. Regarding domestic arbitration, Article 2061 of the French Civil Code provides that the arbitration clause is unenforceable in specific fields (employment, consumer, and insurance contracts).

Capacity 52

Capacity Insurance Contract Import 52

Kluwer Arbitration

MAY 2, 2024

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Finally, the Court rejected Lima’s argument that both awards violated the United States’ public policy regarding enforcing or procuring contracts through corruption. Société Indagro v.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

JANUARY 16, 2024

In this case, an insurance contract included a dispute resolution clause which referred disputes concerning the ‘determination of the amount of damages or compensation’ to ‘the decision of the Non-Life Insurance Arbitration Committee.’ Société Alexander Brothers Ltd, Court of Appeal of Versailles, RG No. Société Kraydon Ltd v.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

FEBRUARY 18, 2024

The Commission proposes that these standards do not apply to “ public procurement ” and “ subsidies or grants […] including government-supported loans, guarantees and insurance. ” Further, a host State is not required to extend benefits arising from double taxation treaties with third countries to investors.

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

OCTOBER 26, 2023

It held that the existence of a foreign arbitral award does not justify importing foreign laws or principles into Quebec law. The Court also cited the Supreme Court of Canada’s jurisprudence, which holds that: “Courts should avoid needlessly importing or applying common law rules in a matter which. The Court relied on Art.

Insurance 52

Insurance Government Government IT 52

Kluwer Arbitration

OCTOBER 30, 2023

The Court found that it was very important to both parties, but: “perhaps even more to the applicants, who are not based in this country, that the selected arbitrator not have a professional or personal relationship with either party or their counsel” (para. Supreme Court case Halliburton Company v.

Import 52

Import Insurance IT Corruption 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. There remains an inclination among state courts to meddle in contracts, often exceeding their role and sidelining original agreements.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

APRIL 13, 2024

Cózar added an expert’s perspective to the discussion by explaining that classical construction arbitration cases have a specific limit of claims, such as delays and disruptions, additional scope and costs, liquidated damages, loss of profit, performance and warranty issues, indemnity, and insurance claims.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

MARCH 20, 2024

Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. That was because the insurance policy itself contained contractual subrogation provisions that largely mirrored the terms of the Japanese statute.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

FEBRUARY 22, 2024

Nascent Contractual Risk-Allocation With such risks in mind, insurers, operators, contractors, and other parties are alert to the innate protections that contractual provisions can afford them. This demonstrates how arbitration has been, and will continue to be, a key tool in dispute resolution domestically and internationally in LatAm.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52