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

DECEMBER 17, 2023

A vital piece of the puzzle is to select a high-quality quantum expert to help present a client’s case. 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.

Ethics 52

Ethics Influencing Corruption Quality 52

Kluwer Arbitration

JUNE 15, 2024

a of the ECT requires “unanimity” among the contracting parties “present and voting” for an ECT amendment to be adopted. 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.

Influencing 52

Influencing Contract Negotiation Corruption 52

Kluwer Arbitration

APRIL 3, 2024

In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration , sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements.

Influencing 52

Influencing Balance Capacity Import 52

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

MAY 9, 2024

This is not an attempt to summarize them, but rather to present the topic in a different light. Written submissions should also be presented in a clear order, with an intuitive structure, so that arbitrators do not waste time trying to connect arguments. There is also a usual order for a buffet: salad, main dishes, dessert.

Influencing 52

Influencing Corruption IT Purchasing 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.

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

Kluwer Arbitration

DECEMBER 10, 2023

Refining Arbitration: One Size Does Not Fit All While arbitration presents a compelling avenue for resolving data privacy disputes, its framework must be meticulously refined to address the specific challenges highlighted, with a particular emphasis on the cost factor.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

DECEMBER 21, 2023

These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. Australia: A Pro-Arbitration Shift Dr. Michael Pryles’ National Report for Australia presents a thorough analysis of the 2021 amendments to the ACICA arbitration rules. India: Framework Revisions Underway Fali S.

Influencing 52

Influencing Corruption IT Contract 52

Kluwer Arbitration

APRIL 15, 2024

This shift was propelled by environmental factors and influenced by international agreements, such as the 1992 United Nations Framework Convention on Climate Change (“UNFCCC”) and the Paris Agreement. This presents a significant export opportunity for African nations. She traced its evolution from wood and coal (e.g.,

Demand 52

Demand Sustainability Capacity Import 52

Kluwer Arbitration

JANUARY 28, 2024

CLE Credit will be offered for many of the presentations including “Women in Arbitration – California Stories,” “Navigating Arbitrator Disclosures and Challenges in International Arbitration,” and “Ethical Conundrums Faced by Parties and Arbitrators in International Arbitration.” Vitaly Ivanovich Smagin , No. 22–381 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

JUNE 8, 2024

The discussions were held under the Chatham House Rule, with each panelist presenting his or her insights, followed by a moderated Q&A session. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

DECEMBER 9, 2023

Mayara Nunes (Deputy Counsel, ICC International Court of Arbitration) provided an overview of the ICC’s activities in Brazil and the Northeast, presenting statistics that indicate a growth trend. Below is a list of the ICC Conference’s main highlights. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

DECEMBER 8, 2023

An emerging theme from the Report is the conflict between parties’ desire to not be ‘cut-off at the knees’ when presenting their case and their wish for a more time- and cost-efficient approach to the resolution of their dispute. With this conflict in mind, it may fall on the tribunal to ‘tame’ the evidence.

Buyers 52

Buyers Efficiency Balance Influencing 52

Kluwer Arbitration

MARCH 22, 2024

Whilst the outcomes they predict may look like “intelligent outcomes”, the focus is on predicting the outcome, rather than the reasons influencing why previous decisions have led to similar outcomes. Thirdly, AI programs are not designed to provide reasoned legal decisions: they are based on statistics and probabilities.

Evaluation 52

Evaluation Professional Services Efficiency Data 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. Legal education and training programs are now more present throughout the region.

IT 52

IT Education Influencing Finance 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. In contrast, Fujitsu affirms that a delegation of the power to determine arbitrability to arbitrators is sustained even when carve-out clauses are present. Archer & White Sales Inc.,

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

SEPTEMBER 24, 2024

In the present case, the KG found that the arbitration was indeed admissible. 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.

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

AUGUST 12, 2024

Whilst the facts of the case as presented are a little unusual, the Supreme Court’s conclusion provides guidance as to how damages are to be assessed generally in cases of default under standard Gafta contracts. What steps the seller should then take will be influenced by the location of the goods and their circumstance.

Buyers 52

Buyers Price Freight Purchasing 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. The panel was moderated by Simon Batifort (Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP).

Negotiation 52

Negotiation Participation Sustainability Influencing 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. Abolishing it without presenting a viable alternative would thus be detrimental.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

OCTOBER 1, 2023

Ms Lees provided a number of examples in her experience sitting as arbitrator where the cultural and legal background of a party influenced the way in which they presented their case, including the presentation of witness and documentary evidence.

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

MARCH 21, 2024

He contrasted the previous era, where countries resisted isolation, with the present day, where economic sanctions and trade restrictions have become commonplace. The rise in the number of cases involving Russian parties subject to international sanctions presents unique challenges.

Influencing 52

Influencing Finance Distribution Business Strategy 52

Kluwer Arbitration

NOVEMBER 21, 2023

The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. If used wrongly, it presents a risk of eroding the fundamental principle of finality in arbitration, potentially prolonging dispute resolution processes.

Innovation 52

Innovation Import Influencing Balance 52

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

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. In Korea, legislation prohibiting profit sharing means that there is presently no appetite for TPF. What Scope for Introducing Arbitral Procedural Rules in Relation to TPF?

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

AUGUST 29, 2024

Claims relating to ownership as a matter of IP law—as opposed to ownership as a matter of contract law—and the validity of IP rights present greater public policy concerns. However, the issue of arbitrability often overlaps with questions about the effects of awards on third parties.

Influencing 52

Influencing Contract Corruption Efficiency 52

Kluwer Arbitration

JUNE 6, 2024

Finally, despite the advent of large constellations of hundreds of satellites in lower orbit (in the past three years, the number of satellites in orbit has more than trebled), we do not presently know whether there is a limit to such capacity. Examples include the ABS v.

Telecommunication 52

Telecommunication Export Influencing Negotiation 52

Kluwer Arbitration

JULY 12, 2024

First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. Delays often stem from the excessive and misleading presentation of documents.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Within two years, he mentioned that numerous claims were presented to the dispute board, impacting positively the project’s progress. To conclude, Marcondes shared his experience with NEC contracts in Peru , where there has been a significant use and positive outcomes from dispute boards.

Insurance 52

Insurance Price Balance Contract 52

Kluwer Arbitration

APRIL 22, 2024

Although it can be said that Previc supervises and has a somewhat controlling influence on Petros, it remains unclear whether the relationship between these two entities could represent a “direct economic interest” under the wording of item 1.2 14.472, Justice Paulo de Tarso Sanseverino, 16 August 2021 ).

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

FEBRUARY 8, 2024

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 Additional 2023 year in review posts are available here.

Influencing 52

Influencing Logistics Corruption IT 52

Kluwer Arbitration

OCTOBER 2, 2023

The Istanbul Arbitration Centre’s (the Centre) inception, driven by the Turkish Government’s ambition to elevate Istanbul as a global financial centre, presents a compelling case for legal scrutiny.

Finance 40

Finance Influencing Capacity Corruption 40

Kluwer Arbitration

DECEMBER 30, 2023

The influence of counsel was often more discernible in written witness statements than oral evidence. Sports and ESG Arbitration The day also featured two individual presentations. By requesting a detailed PO1, the parties can set their expectations for the tribunal.

Innovation 52

Innovation Import Sustainability Influencing 52

Kluwer Arbitration

OCTOBER 20, 2023

Allen explained how young arbitrators tend to arise from bigger law firms, which may present further difficulties with disclosure through double-hatting. The panelists noted present challenges in the review of funding agreements and confidentiality. Acknowledging that connections play an important role in arbitrator selection, Ms.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

SEPTEMBER 22, 2023

When a challenge is presented, the Secretary-General invites comments from the parties and the arbitrators. Finally, the PCA’s positive influence in countries where they have established an international office is not to be understated. Mr. Markel Eguiluz also highlighted the role of the PCA in arbitrator challenges.

IT 40

IT Participation Influencing Logistics 40