Kluwer Arbitration

MARCH 20, 2024

These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. That was because the insurance policy itself contained contractual subrogation provisions that largely mirrored the terms of the Japanese statute.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

OCTOBER 18, 2023

Sanger also discussed the use of insurance products to offset the risks associated with an unsuccessful outcome, such as CFA insurance. Sanger noted the development of DBA insurance, which acts as another form of WIP (i.e., work in progress) insurance. Risk Management Tools Ms. In particular, Ms.

Insurance 52

Insurance Price Risk Management Accountability 52

Kluwer Arbitration

FEBRUARY 14, 2024

Governments, insurers, and real estate owners will find themselves in more lawsuits concerning responsibility for the impacts of climate change, including extreme weather events and coastal erosion. Other lawsuits will be driven more directly by both environmental and market changes. We look forward to attending the SCCA24 Conference !

Data 59

Data Insurance Media Corruption 59

Kluwer Arbitration

JANUARY 12, 2024

Corruption allegations in arbitration proceedings relating to Peru remain very common. Peru , where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. Following the decision reported last year in Bacilio v.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

JANUARY 4, 2024

New Zealand Judicial Developments In April 2023, the New Zealand High Court, in Maritime Mutual Insurance Association v Silica Sandport [2023] NZHC 793 , granted a rare anti-suit injunction in favour of arbitration. The New Zealand High Court upheld the arbitration clause and issued the injunctions against the Guyanese proceedings.

Insurance 52

Insurance Ethics Contract IT 52

Kluwer Arbitration

MAY 3, 2024

Enforceable through investor-state arbitration, the generous protections provided by these treaties have, in effect, served as a free insurance policy for foreign investors. Regardless of whether this is ethical, is it still solid advice? Relatively few countries sign new treaties that include investor-state arbitration.

Insurance 52

Insurance Finance Sustainability Ethics 52

Kluwer Arbitration

SEPTEMBER 10, 2024

This is the background against which the CJEU case of Prestige (20 June 2022, C-700/20, ECLI:EU:C:2022:488, London Steam-Ship Owners’ Mutual Insurance Association Limited v Kingdom of Spain ) must be read. The above is an abbreviated version of an article published in German in the SchiedsVZ | German Arbitration Journal, Vol.

Insurance 52

Insurance Integration Integrity Corruption 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Francisco Paulo De Crescenzo Marino discussed the effectiveness of arbitration clauses against third parties in infrastructure disputes, focusing on subcontractors, insurers, and financiers which he identified as the main characters on the disputes of this nature.

Insurance 52

Insurance Price Contract Balance 52

Kluwer Arbitration

AUGUST 4, 2024

Furthermore, to state the obvious, investment treaties (whatever their scope of application, limited or broader, may be), being embedded in the law of State international liability, are surely not insurance schemes. Even less, treaties can shield investors from risks inherent in the nature of the business or operation itself.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

OCTOBER 20, 2023

Session 2 The next two tertulias centered around specific practice areas, covering developments in insurance arbitration or construction. and Bermuda to arbitration over insurance matters. The first tertulia discussed the recent resistance of the U.S.,

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

NOVEMBER 15, 2024

Chubb Bermuda Insurance Ltd (see here ). 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 We look forward to next year!

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

JUNE 22, 2024

Christian Albanesi elaborated on precautions to be considered by arbitral tribunals, such as including a liability waiver in the terms of reference and obtaining professional liability insurance.

Insurance 52

Insurance Integration Integrity Corruption 52

Kluwer Arbitration

OCTOBER 15, 2024

Finally, the use of legal finance as an insurance policy to protect against adverse cost exposure is becoming more normalised. Just as arbitration has developed a reputation of being ‘business friendly,’ companies in Singapore and Hong Kong are increasingly seeing litigation funding in the same light.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

JANUARY 4, 2024

For a company to go ahead with a transaction or to terminate a contract, it cannot only consider whether the action is legal, but also whether it might have reputational consequences and whether it would be approved by relevant third parties, such as banks or insurers that may take a more conservative stance.

Insurance 52

Insurance Media Contract Import 52

Kluwer Arbitration

DECEMBER 9, 2023

The CIAM currently has 11 Working Groups for sectors such as Construction, Digital Economy, Energy, Tourism and Hotels, Experts, Insurance, Banking and more. The CIAM also has sectorial Working Groups with arbitrators, lawyers and business owners who study and recognize the commercial or user needs.

Efficiency 52

Efficiency Insurance Corruption Transparency 52

Kluwer Arbitration

NOVEMBER 6, 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 68 Arbitration Act 1996 (the “ Arbitration Act “).

Finance 52

Finance Insurance Influencing Corruption 52

Kluwer Arbitration

MAY 2, 2024

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Finally, the Court rejected Lima’s argument that both awards violated the United States’ public policy regarding enforcing or procuring contracts through corruption. Société Indagro v.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

MAY 25, 2024

Indeed, even winning parties who anticipate voluntary compliance may want back-up insurance that does not expire in three years. The statute of limitations under the FAA for confirming an international arbitral award is three years, but the statute of limitations for a court judgment confirming that same award can range from five to 10 years.

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

MARCH 24, 2024

panel explained, investors’ options to pursue claims under investment treaties are becoming ever more limited and other options must therefore be considered where there is regulatory risk (such as contractual mechanisms and political risk insurance).

Supply Chain 52

Supply Chain Demand Price Insurance 52

Kluwer Arbitration

JUNE 7, 2024

If needed, funders may resort to insurance arrangement to cover the security. 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

Tender 52

Tender Insurance Influencing Finance 52

Kluwer Arbitration

FEBRUARY 22, 2024

Nascent Contractual Risk-Allocation With such risks in mind, insurers, operators, contractors, and other parties are alert to the innate protections that contractual provisions can afford them. This demonstrates how arbitration has been, and will continue to be, a key tool in dispute resolution domestically and internationally in LatAm.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

Kluwer Arbitration

DECEMBER 12, 2023

Regarding domestic arbitration, Article 2061 of the French Civil Code provides that the arbitration clause is unenforceable in specific fields (employment, consumer, and insurance contracts). However, it does not appear that family law would be subject to this kind of exception.

Capacity 52

Capacity Insurance Contract Import 52

Kluwer Arbitration

FEBRUARY 18, 2024

The Commission proposes that these standards do not apply to “ public procurement ” and “ subsidies or grants […] including government-supported loans, guarantees and insurance. ” Further, a host State is not required to extend benefits arising from double taxation treaties with third countries to investors.

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

FEBRUARY 1, 2024

In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 , the United Kingdom Supreme Court found that where there is no express choice of law governing the arbitration agreement but an express choice of seat, there was a strong presumption that the arbitration agreement would be governed by the same law as the curial law.

Contract 59

Contract Insurance IT Government 59

Kluwer Arbitration

APRIL 13, 2024

Cózar added an expert’s perspective to the discussion by explaining that classical construction arbitration cases have a specific limit of claims, such as delays and disruptions, additional scope and costs, liquidated damages, loss of profit, performance and warranty issues, indemnity, and insurance claims.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

OCTOBER 27, 2023

While risk pertains to scenarios where future outcomes can be probabilistically forecasted (and hence insured, mitigated in the contract, and integrated into the economic transaction), uncertainty stands apart. Franco underscored, referring to economist Frank Knight , risk and uncertainty, though similar, are not the same. Gazprom (2022).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

FEBRUARY 5, 2024

2005) 8 SCC 618] and National Insurance Co. 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 Patel Engineering Ltd. Boghara Polyfab Pvt.

Import 52

Import Balance Contract Insurance 52

Kluwer Arbitration

DECEMBER 16, 2023

Insurance : Disputes emerging from changes in the criteria for insuring certain assets along the away. Thus, a growth in the number of arbitrations relating to compliance, insurance, supply chain and a range of disputes focusing on a mix of soft and hard law is to be expected. The last panelist, Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

JANUARY 8, 2024

In another decision dated May 9, 2023, the STJ addressed the extent of subrogation of rights by insurers. 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

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

OCTOBER 11, 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 HDI Seguros S.A., Denis Satolo & Luciana Pereira de Andrade Costa v.

Insurance 52

Insurance Participation Contract IT 52

Kluwer Arbitration

JANUARY 16, 2024

In this case, an insurance contract included a dispute resolution clause which referred disputes concerning the ‘determination of the amount of damages or compensation’ to ‘the decision of the Non-Life Insurance Arbitration Committee.’ Société Alexander Brothers Ltd, Court of Appeal of Versailles, RG No. Société Kraydon Ltd v.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

DECEMBER 7, 2023

The prominent economic sectors in the region include, oil and gas, tourism, minerals, agriculture, fishing, offshore banking, financial and insurance services, and maritime. The Caribbean Economy The Caribbean region is a net importer of foreign investment. The region’s major trading partners include the US, China, Canada, UK, and Brazil.

IT 52

IT Education Influencing Finance 52

Kluwer Arbitration

OCTOBER 30, 2023

Chubb Bermuda Insurance Ltd (“Halliburton”) (previously discussed on this blog, for example, here ) and another Ontario case, Jacob Securities Inc. Supreme Court case Halliburton Company v. v Typhoon Capital B.V (“Jacob Securities”).

Import 52

Import Insurance Corruption IT 52

Kluwer Arbitration

OCTOBER 26, 2023

But Canadian courts are not bound by the parties’ agreement on questions of law (see for example: Ernst v Alberta Energy Regulator , para 15, citing R v Sappier ; Intact Insurance Company v Allstate Insurance Company of Canada ). III of the NYC. Instead, it analyzed the question under Arts. II and V(1)(a).

Insurance 52

Insurance Government Government IT 52