Kluwer Arbitration

DECEMBER 18, 2023

Salomon underscored the importance of factors such as the strength of universities and institutions in Paris, along with the geopolitical landscape, and how influential parties and the flow of money can play pivotal roles in seat selection. Closing off, Ms.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. In this respect, the panelists referred to the well-known saying “ the most important thing is not to win but to participate ”. This does not cover field of play matters (i.e., Finally, Prof.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

FEBRUARY 28, 2024

This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents. This new approach is an important development towards establishing Pakistan’s pro-enforcement bias. NHA 2023 CLD 1365. Rather, it explores the concept of the “binding” nature of the award.

Import 52

Import Thresholds Contract Corruption 52

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. For LAC countries, digital technologies can be an important ally in achieving this balance. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 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. The recent decisions reinforce the principle that challenging arbitration agreements is an uphill battle with a high threshold, requiring solid and irrefutable evidence. Dubai CoC Case No.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JULY 2, 2024

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

JUNE 11, 2024

Against this backdrop, some important lessons can be drawn for practitioners. This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions). Identifying who may be liable is therefore of paramount importance.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JUNE 20, 2024

The inclusion in the Guideline itself rather than in the commentary as per the draft, shows the importance of the arbitrator’s obligation to draft awards. The interpretation of “[w]here appropriate” in this specific context will have to be determined in practice in order to successfully apply this provision.

Evaluation 52

Evaluation Thresholds Ethics Accountability 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.

Bidder 40

Bidder Transparency Contract Public Procurement 40

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 Insurance 52

Kluwer Arbitration

SEPTEMBER 16, 2024

However, considering the greater risk, efforts, time, and expenses involved in non-recognition of an award as opposed to the removal of an arbitrator during the arbitration proceedings, courts across the world have applied a higher threshold of bias to prevent the enforcement of an award than the standards set for ordinary judicial review.

Thresholds 52

Thresholds IT Corruption Sustainability 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. However, the availability of de novo review under s. 67 of the Arbitration Act 1996 means that litigation will almost inevitably ensue to the extent that the law remains unsettled.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

FEBRUARY 21, 2024

First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. The United States Argues that the District Court Must Determine that an Arbitration Agreement Exists. Amicus at 10, 16). Amicus at 13). Amicus at 9).

Thresholds 52

Thresholds IT Balance Government 52

Kluwer Arbitration

NOVEMBER 20, 2024

Varin underscored the importance of timing global business events to align with major international movements – like the UN General Assembly – creating synergies that amplify the impact of business initiatives. Simoni added that U.S. She noted that contracts with early legal input are far less likely to end in disputes.

Contract 52

Contract Import Participation Management 52

Kluwer Arbitration

OCTOBER 25, 2023

Dr. Al Tourah commented on the ongoing discussions to progress Kuwait’s arbitration landscape and on the importance of selecting the most appropriate regime for Kuwait. Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law.

Collaboration 52

Collaboration Import Efficiency Thresholds 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. For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

JULY 5, 2024

This is an important step in promoting the adoption of the “seat standard” among lower courts throughout China. Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing.

Thresholds 52

Thresholds Import Corruption IT 52

Kluwer Arbitration

OCTOBER 16, 2024

Experts can then work together with parties and lawyers to identify whether those documentary gaps are material and important, such that requests for production should be pressed, or whether those matters can be established by other documents or lay witnesses. This process can assist lawyers to identify any documentary gaps.

Ethics 52

Ethics Thresholds Corruption Consulting 52

Kluwer Arbitration

OCTOBER 6, 2024

Previous tribunals required an emergency exceeding a certain threshold (see the cases arising out of the Argentine financial crisis), a (para-)military objective of a measure ( CC/Devas v India ), or demanded a threat of national dimension (see Michael Lee-Chin v Dominican Republic ) for a security exception to apply.

Thresholds 52

Thresholds IT Utilities Corruption 52

Kluwer Arbitration

JANUARY 2, 2024

However, there remains a lack of clarity as to the threshold of proportionality applied. Given the importance of England as an international arbitral seat, the book will be of interest to a wider global audience with an interest in international arbitration.

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

JULY 12, 2024

Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. of the VIAC Rules ). Russia and Stati v. Republic of Kazakhstan ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

MARCH 3, 2024

As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment).

Efficiency 52

Efficiency Thresholds IT Finance 52

Kluwer Arbitration

DECEMBER 19, 2024

While Article 11b(1)s requirement for a lack of effective access to remedies in a relevant forum could align with the impossibility or unreasonableness criteria under forum necessitatis , it remains unclear whether courts will deem claims under Article 11b(1) to meet the high threshold of forum necessitatis.

Evaluation 52

Evaluation Thresholds IT Management 52

Kluwer Arbitration

DECEMBER 2, 2023

For example, establishing the threshold for prejudice, setting standards for the recusal of arbitrators, outlining mandatory disclosure requirements, and building a body of precedent will be crucial to providing a comprehensive framework for the qualification of an arbitrator.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

MARCH 2, 2024

There is a very high threshold for a Section 68 challenge. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.

Corruption 52

Corruption Ethics Transparency Import 52

Kluwer Arbitration

NOVEMBER 13, 2023

Given these varied outcomes, what seems to be more important are the circumstances and intervening factors leading to the application for the extension of time than the length of the delay, given that the delay is the organic breach sought to be corrected. OFY , a 65-day extension was refused.

Finance 98

Finance Thresholds Import Corruption 98

Kluwer Arbitration

DECEMBER 10, 2023

Moving forward, it is important to recognise arbitration as just one part of a comprehensive strategy for resolving data privacy disputes. Despite being hailed as a significant advancement in data protection, the consent-based model brings its own challenges.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

JANUARY 16, 2024

A high threshold is applicable to s. 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 Société Alexander Brothers Ltd, Court of Appeal of Versailles, RG No.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

NOVEMBER 18, 2023

The YCAP report is a rare opportunity, given the confidentiality of arbitral awards, to see what parties can expect from arbitral tribunals, and thus provides an important data point for practitioners in advising their clients. More coverage from Seoul ADR Week is available here.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

DECEMBER 5, 2024

Commentary In setting aside the Singapore Award, the Court demonstrated its commitment to safeguarding the legitimacy of international arbitration and highlighted the importance of the role of supervisory courts in upholding standards of natural justice. This deprived the parties of their right to a fair, independent and impartial award.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

NOVEMBER 28, 2024

This decision is a reminder of the pro-enforcement approach of the Dutch courts, which, together with a liberal attachment regime and a high number of companies with assets in the Netherlands, makes it an important and attractive jurisdiction for enforcement purposes. This decision is interesting as previous case law (para.

Participation 52

Participation Balance Import Thresholds 52

Kluwer Arbitration

NOVEMBER 5, 2024

The first important takeaway is the understanding of the ease with which attachments can be levied in the Kingdom of the Netherlands, including in Curaçao, and the high threshold required to lift such attachments. Conclusion The case of 111 against Albatros is interesting for a variety of reasons.

Balance 52

Balance Engineering Procurement IT 52

Kluwer Arbitration

NOVEMBER 24, 2024

Indeed, Clayton reaffirms the principle of minimal judicial intervention in arbitration and underscores the importance of respecting the finality of arbitration awards. It also highlights the high threshold that must be met to challenge an arbitration award on jurisdictional grounds successfully.

Balance 52

Balance Import Utilities Thresholds 52