Kluwer Arbitration

FEBRUARY 11, 2024

It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

APRIL 13, 2024

The second panel, “ TechTalk: Unraveling the Tapestry – AI’s Influence on International Arbitration”, included Luke Sobota ( Founding Partner, Three Crowns LLP), Nilufar Hossain (Investment Manager and Legal Counsel, Omni Bridgeway), Rachel Thorn (Partner, Cooley LLP), and Marco de Sousa (Senior Associate, Herbert Smith Freehills LLP).

Negotiation 52

Negotiation Efficiency Quality Balance 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). Some argue that these provisions may be detrimental to investors while, simultaneously, not sufficiently ambitious towards States.

Sustainability 52

Sustainability Transparency Influencing Negotiation 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. Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. Germany and France), the UK’s case is special.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

JUNE 8, 2024

Third , investors might negotiate new or amend existing contracts with EU member states or their agencies to include provisions for arbitration with substantive protections, preferably seated outside the EU. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

MARCH 20, 2024

One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.

Import 52

Import Efficiency Negotiation Tender 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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

MARCH 22, 2024

The dexterity to combine different ADR services allows dispute resolution tools to be tailored to the dispute and parties at hand, and may give parties the best chance of a negotiated settlement, alongside an opportunity to maintain their business relationships. AI is developing at an exponential pace.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. The focus is to ease access to Japanese courts for enforcing arbitration awards.

Negotiation 52

Negotiation Innovation Efficiency Influencing 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. 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.

Import 52

Import Ethics Influencing Negotiation 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

APRIL 22, 2024

57/2019, which expressly prohibits AGU’s attorneys to undertake private engagements related to alternative dispute resolution, e.g. , arbitration, mediation, conciliation, and negotiation. In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Select GCR

SEPTEMBER 3, 2024

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. Ensuring Fair Pricing Fair pricing is another critical aspect of managing risks in sole source procurement.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

DECEMBER 9, 2023

According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

DECEMBER 14, 2024

Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. While originally the new ideas in international arbitration were introduced mainly by a few academic reviews, todays thought-leadership takes a variety of forms.

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Canada and E.U. countries, are by far the most vocal participants in the discussions.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

JUNE 6, 2024

Additionally, diplomatic channels have historically proven effective at resolving space disputes, as evidenced during the 1970s when a Soviet satellite crashed and scattered debris over Canada, resulting in a dispute that was ultimately negotiated and settled diplomatically. Examples include the ABS v.

Telecommunication 52

Telecommunication Export Influencing Negotiation 52

How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

FEBRUARY 15, 2024

The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). Second, Professor Rivas addressed the potential direct influence of new ICJ judgments on ISDS decisions.

Influencing 52

Influencing IT Negotiation Corruption 52

Kluwer Arbitration

NOVEMBER 4, 2023

SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. Gloria Lim , CEO of SIAC, and Ms. The author is currently a Legal Counsel for renewable energy projects at ACEN Corporation.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

NOVEMBER 14, 2023

Silva (ExxonMobil Corporation) emphasized that even smaller cases have the potential to significantly influence international rule of law. When it comes to upholding the rule of law in international arbitration disputes, Eugene J. Rule of law is also a question of transparency.

Transparency 40

Transparency Import Data Efficiency 40

Kluwer Arbitration

MARCH 25, 2024

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. While some provisions address investor concerns, the mandatory negotiation period and the resolution council may add layers of complexities.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

NOVEMBER 18, 2024

On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.”

Innovation 52

Innovation Participation Influencing Negotiation 52

Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays.

Balance 52

Balance Thresholds Accountability Influencing 52