Kluwer Arbitration

NOVEMBER 1, 2024

Like their Chinese counterparts, parties in the Middle East place a high value on relationships, making negotiated settlements and mediation key components of dispute resolution, as they help preserve commercial relationships. Lingzhi Fu echoed this preference for negotiated resolutions. More coverage from the week is available here.

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Automotive Negotiation Supply Chain Telecommunication 52

Kluwer Arbitration

NOVEMBER 15, 2024

First Panel: Investment Funds in Arbitration Moderated by Juliana Botini , this panel opened with Marina Copola (Commissioner from the Securities and Exchange Commission of Brazil – CVM) outlining key aspects of CVM’s Resolution 175 , which plays an important role in clarifying the roles of asset managers and fiduciary administrators.

Negotiation 52

Negotiation Efficiency Import Integration 52

Kluwer Arbitration

JUNE 8, 2024

She also shared some particularities of the Swiss approach, such as the important distinction between monetary and non-monetary claims. He explained an important characteristic of choosing ICSID arbitration is that annulment applications are heard within the ICSID system instead of being handled by local courts.

Negotiation 52

Negotiation Import Corruption Demand 52

Kluwer Arbitration

FEBRUARY 25, 2024

They remain an important battlefield for all relevant issues. These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). In 2023, a provision of the German Code of Civil Procedure (“ZPO”) – Section 1032 para.

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Negotiation Framework Agreement Import Capacity 64

Kluwer Arbitration

FEBRUARY 22, 2024

The Arbitration Law contains some innovative provisions inspired by the UNCITRAL Model Law, constituting an important step towards modernisation. In such cases, the party engaging in bad faith negotiations becomes liable for the resulting damages incurred by the other party. We look forward to attending the SCCA24 Conference !

Negotiation 52

Negotiation Efficiency Influencing Corruption 52

Kluwer Arbitration

MARCH 30, 2024

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.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

NOVEMBER 29, 2023

In 2016, Pakistan asked the World Bank (which facilitated the negotiations preceding the Indus Water Treaty) to facilitate an ad-hoc Court of Arbitration to investigate its concerns about the designs of the two hydroelectric power projects. India asked for the appointment of a Neutral Expert for the same purpose.

Negotiation 52

Negotiation Participation Import IT 52

Kluwer Arbitration

OCTOBER 19, 2023

The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and practical considerations for investors when negotiating and enforcing information rights. Issues to Consider During Negotiations Statutory Rights Ms. Ensuring Meaningful Relief Ms.

Management 52

Management Negotiation Corruption Collaboration 52

Kluwer Arbitration

JULY 17, 2024

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process.

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Thresholds Import Contract IT 98

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. One solution is for legal teams to establish record processes at the time contracts are being negotiated. Lawyers need to be on top on that. How Arbitrators Are Picked?

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Import Efficiency Negotiation Tender 52

Kluwer Arbitration

DECEMBER 3, 2023

As for dispute resolution provisions, Mr. Olefson stressed that, for in-house counsel, it is frequently more important to focus on the company’s commercial objectives and ensure that the deal closes than on any particular dispute resolution provision. As for what in-house counsel look for in outside counsel, the answer was clear: the best.

Management 52

Management Negotiation Import Price 52

Kluwer Arbitration

MAY 15, 2024

These steps have also been important for intra-African trade. A perception of potential bias and cultural differences has expedited this shift, with local parties, often governments or government entities, insisting on local seats in their arbitration clauses when negotiating contracts. What Is the Future for Arbitration in Africa?

Negotiation 52

Negotiation Import Capacity Corruption 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). Soft skills, such as perceiving and responding to implicit cues, are important for fostering an empathetic and responsive dialogue.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

SEPTEMBER 22, 2024

The SIFA further records the Parties’ mutual recognition of the importance of combating climate change and states that each party shall implement the UNFCCC and the Paris Agreement (Article 32).

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

JULY 15, 2024

In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.” A second level of approval has been added where one party to a dispute is a foreigner or where the case is “important”.

Import 52

Import Negotiation Contract Corruption 52

Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC. Indian Oil and other creditors appealed the plan to the National Company Law Appellate Tribunal (“ NCLAT ”), which modified the plan to “safeguard” the rights of the appellant creditors.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

APRIL 10, 2024

Sobota highlighted significant legislative measures enacted by the United States, such as the CHIPS and Science Act of 2022 and the Inflation Reduction Act of 2022 , aimed at bolstering domestic technology production and imposing restrictions on semiconductor imports.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

JUNE 11, 2024

Against this backdrop, some important lessons can be drawn for practitioners. Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. Identifying who may be liable is therefore of paramount importance. Shortly after, GBO became dissatisfied and decided to suspend its payments to CAI.

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Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

MARCH 11, 2024

The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

APRIL 13, 2024

To Cózar, understanding this concept of disruption is of utmost importance since this will guide the scope of the dispute. Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

NOVEMBER 4, 2024

Mr Kim noted that given the considerable imbalance of bargaining power between the employer and the contractor, it is often very difficult for the contractor to negotiate for a fairer concurrency clause. He concluded by urging FIDIC to provide clearer and fairer guidelines on the issue of concurrent delay. As a delay expert herself, Ms.

Engineering 52

Engineering Public Private Partnership Consulting Contract 52

Kluwer Arbitration

MARCH 9, 2024

While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.

Ethics 52

Ethics Corruption Negotiation Finance 52

Kluwer Arbitration

MAY 5, 2024

She highlighted the importance of establishing clear obligations, noting that the Code sets out a non-exhaustive list of “risks of behaviour” which might suggest a lack of independence or impartiality. He observed that for India to pursue its goal of stable economic development, it was important to instil confidence amongst investors.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

FEBRUARY 22, 2024

Rodrigo Bahia explained these put them ‘in line’ with the principles of the rest of the industry internationally which supports levelling the playing field for negotiations, even though the templates still present important concerns. Rodrigo added that the enforceability of these clauses is yet to be tested.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

Federal News Network

NOVEMBER 9, 2023

company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act.

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Export Supply Chain Manufacturing Participation 111

Kluwer Arbitration

JUNE 7, 2024

Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question. 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

FEBRUARY 11, 2024

Until a decade or so ago, a major concern of courts faced with Med-Arb clauses or negotiation-then-arbitration clauses in commercial contracts, especially in common law jurisdictions, was whether the negotiation or mediation obligations were sufficiently certain to create contractual obligations.

Negotiation 52

Negotiation Influencing Corruption Consulting 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. They serve as “a much-welcomed development”, “an important element of the ISDS reform process” and “a good roadmap for other areas of ISDS reform.”

Balance 52

Balance Negotiation Ethics Import 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 ”. According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. Dubai CoC Case No.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. Paraguay carries important lessons for both parties, but specially for Paraguay, in both arbitration and contractual law. Conclusion The award in Mota Engil v.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

APRIL 11, 2024

Cross-Cultural Disputes The complexity of cross-cultural disputes within the arbitration process was explored by various panelists who shared their experiences that underlined the importance of cultural literacy within arbitration, particularly in interpreting communications and contractual terms and obligations.

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Innovation Influencing Logistics Negotiation 52

Select GCR

SEPTEMBER 3, 2024

It’s important to verify the exclusivity of the source and highlight the criteria used to determine such a situation. Federal employees are strictly forbidden from receiving gifts or value items from entities affected by their official duties or seeking government business to prevent the appearance of corrupt practices.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

OCTOBER 14, 2024

This privatisation captured substantial public attention and scrutiny, given the importance of the services provided by CTT and the fact that these services had been rendered by public entities for almost five centuries.

Contract 52

Contract Sustainability Import Negotiation 52

University of Bristol

DECEMBER 10, 2019

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

Public Procurement 52

Public Procurement Procurement Government Government 52

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. Westinghouse (1984) and Gasum v.

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Contract Balance Negotiation Insurance 52