Kluwer Arbitration

MAY 7, 2024

The first addition (“a person or entity over which a party has a controlling influence”) is easy to explain. The 2004 IBA Guidelines already required the parties to disclose relationships with entities or persons having a controlling influence on the party.

Influencing 52

Influencing Transparency Networking Media 52

Kluwer Arbitration

AUGUST 12, 2024

This study aims to identify the determinants influencing the selection of commercial arbitration and examines whether a managerial level position affects this decision. Data were collected through interviews with 480 managers across five managerial levels in businesses with arbitration agreements in Vietnam’s leading arbitration centres.

Influencing 52

Influencing Transparency Efficiency Balance 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 Integrity Integration Manufacturing 59

Kluwer Arbitration

JUNE 7, 2024

The outcome of these cases will significantly influence the role of sanctions in arbitration and reshape the broader legal framework that governs these disputes. Judicial Developments Ongoing legal proceedings in the UK and beyond highlight the evolving landscape of sanctions in arbitration.

Influencing 52

Influencing Logistics Export Collaboration 52

Kluwer Arbitration

DECEMBER 17, 2023

As concluding remarks, Herfried discusses how different approaches to damages and valuation are being considered in the ongoing work of UNCITRAL Working Group III, which may influence future cases in this field. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here.

Ethics 52

Ethics Influencing Corruption Quality 52

Kluwer Arbitration

JUNE 8, 2024

Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration. Mark Friedman explained that humans are influenced in their decision-making by the need for “cognitive comfort” (i.e., See the remainder of our coverage here.

Influencing 52

Influencing Participation Efficiency Transparency 52

Oxford College of Procurement and Supply

SEPTEMBER 8, 2023

Extortion This is the other side of bribery, whereby requests for money are made in exchange for favoured consideration or to prevent other forms of corruption from being exposed. Influence Peddling This is the practice of granting contracts to a certain supplier in return for compensation, such as special incentives or discounts.

Ethics 52

Ethics Import Procurement Supply Chain 52

Kluwer Arbitration

JULY 30, 2024

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These changes have profound political, economic, and societal implications.

Influencing 52

Influencing Thresholds Accountability Negotiation 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. Beyond the corruption, one can think of another reason why Nigeria’s defence during the arbitration was abysmal. Let’s kill all the lawyers. ’” ( Nigeria v.

Corruption 40

Corruption Contract Sustainability Import 40

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

APRIL 10, 2024

He pointed out the broader economic and legal ramifications of these trade tensions, emphasizing their influence on international arbitration as disputes become more entangled with issues of national interest and economic policy.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

FEBRUARY 22, 2024

This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation. The Arbitration Law contains some innovative provisions inspired by the UNCITRAL Model Law, constituting an important step towards modernisation. We look forward to attending the SCCA24 Conference !

Negotiation 52

Negotiation Efficiency Influencing Corruption 52

Kluwer Arbitration

SEPTEMBER 24, 2024

Nevertheless, even if it initially seems that all sanctioned Russian parties have little incentive beyond withdrawing from arbitration agreements to resolve disputes in Russian courts, various factors could influence their decision. For example, in June 2023, the Arbitrazh Court of St.

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

DECEMBER 28, 2023

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. 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

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

DECEMBER 21, 2023

These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. India: Framework Revisions Underway Fali S. Nariman’s National Report for India provides an insightful overview of recent amendments to the Arbitration and Conciliation Act.

Influencing 52

Influencing Corruption IT Contract 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. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.

Influencing 52

Influencing Contract Negotiation IT 52

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

DECEMBER 26, 2023

Can you please tell us about one particular position or experience that you held and how it influenced your career? Outside of AIAC, you have held numerous prominent leadership positions in other organizations. My professional journey has been marked by numerous challenges and obstacles, each providing valuable learning experiences. .

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

AUGUST 9, 2024

They noted that VR and AR can be costly, complex, and raise questions of confidentiality, reliability, and influence. Furthermore, the panel examined the use of virtual reality (“VR”) and augmented reality (“AR”) in arbitral hearings.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

OCTOBER 15, 2024

With many projects in the region, this will likely influence the location of dispute settlement, as the bargaining power may rest with the project owner or project developer who will want to dictate the seat of arbitration. More coverage from Australian Arbitration Week is available here.

Price 59

Price Negotiation Finance Accountability 59

Whistleblower Network News

NOVEMBER 16, 2023

Whistleblower advocates argue that these restrictions dissuade potential whistleblowers from engaging with the program, interfering with the agency’s objective of identifying corruption. In 2022, Krupski was fired for bad behavior, poor time management, and being a “negative influence.”

Education 90

Education Whistle-blowing Media Data 90

Kluwer Arbitration

JUNE 8, 2024

Although advisory opinions are non-binding, they are intended to influence domestic and international litigation. Such judgments underscore the evolving nature of international obligations concerning climate change and their potential to influence ISDS.

Influencing 52

Influencing Balance Negotiation Corruption 52

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.

Innovation 52

Innovation Efficiency Balance Quality 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”).

Thresholds 98

Thresholds Contract Influencing IT 98

Kluwer Arbitration

SEPTEMBER 2, 2024

There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator. All dealings with the Respondent regarding the management and repayment of the Loan were conducted by Mashall Zehr.

Influencing 52

Influencing Import Management Project Management 52

Kluwer Arbitration

APRIL 1, 2024

” scheduled for the morning of 11 April, this plenary session will address the global ramifications of the Silk Road and BRICS initiatives, offering attendees a comprehensive understanding of international trade, investment, and arbitration landscapes influenced by these significant geopolitical strategies.

Ethics 52

Ethics Influencing Integrity Integration 52

Kluwer Arbitration

DECEMBER 7, 2023

There is also the influence of the socialist legal tradition on the legal system in Cuba. All other jurisdictions in the Region have outdated arbitration legislation influenced by now-repealed old English Arbitration Acts. Lucia (a mixed system of common law and civil law), and Guyana (a mixed system of common law and Roman-Dutch Law).

IT 52

IT Education Influencing Finance 52

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. The availability of ISDS significantly influences investors’ decisions. At least not explicitly.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 29, 2024

However, the Amsterdam Court’s considerations will influence whether Spain would be justified in not adhering to its obligations under the Final Award. In this respect, these proceedings will therefore be more limited in scope, contrary to the CJEU’s decisions in the Micula saga.

Influencing 52

Influencing Corruption IT Government 52

Kluwer Arbitration

MAY 14, 2024

Similarly to cases involving corruption or money laundering. Arbitrators with expertise in Environmental Law may not exert such significant influence as may be expected on the tribunal and they may even raise suspicion of bias, depending on the circumstances.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

SEPTEMBER 27, 2024

In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns. Professor Armesto suggested that arbitrators may eventually prioritize climate considerations over the strict application of contracts ( pacta sunt servanda ), proposing a new guiding principle: in dubio pro climate.

Sustainability 52

Sustainability Contract Import Buyers 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

JANUARY 22, 2024

This understanding may influence the way courts interpret the parties’ agreement in cases of doubt. 6/05353/2023/02 , which highlights the influence of general concepts and understandings of dispute resolution mechanisms on the interpretation of dispute resolution clauses.

Influencing 52

Influencing Contract IT Corruption 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

AUGUST 23, 2024

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating arbitrators “may” rule on their own jurisdiction—on delegation.

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

Ethics 52

Ethics Participation Import Sustainability 52