Kluwer Arbitration

APRIL 9, 2024

On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. European Commission. The CJEU agreed with the 16 December 2020 judgment of the General Court of the EU (“GCEU”), and with the European Commission in CASE AT. II(3) of the New York Convention (“NYC”).

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

JANUARY 5, 2024

This includes both investment treaty negotiations as well as investor-state dispute settlement (ISDS) practices. In view of these developments, this blog post intends to analyze the feasibility of multilateral investment treaty (MIT) negotiations. This field of law has also been subject of a heated debate and a desire for reform.

Negotiation 52

Negotiation Export Import Sustainability 52

Federal News Network

NOVEMBER 9, 2023

company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. Regulatory risk.

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Export Supply Chain Manufacturing Participation 106

Kluwer Arbitration

FEBRUARY 14, 2024

The European Commission released a “non-paper” with model clauses for negotiation or re-negotiation of IIAs between Member States and third countries. Second, the issue of amicus submissions in the context of alleged corruption assumed particular significance in 2023, especially compared with prior years.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

DECEMBER 14, 2024

It has been a distinct honour to serve as the Editor-in-Chief of the Journal over the last seven years. In my first editorial, I was commenting on the remarkable evolution that the field of international arbitration has undergone in the last forty years both in terms of practice and scholarship. Indo Unique Flame Ltd. CIVIL APPEAL NO(S).

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

FEBRUARY 25, 2024

These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). It then moves to recap a couple of legislative and policy initiatives. Given the breadth of our coverage, inevitably the selection is by no means exhaustive. v Poland ).

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

Kluwer Arbitration

JULY 17, 2024

The Dispute The High Court was recently faced with determining a challenge to an arbitral award under a contract to which both parties were based in Pakistan. How the English High Court approached this challenge will be of interest as it manages expectations for those considering challenging an award in the English courts.

Thresholds 98

Thresholds Import Contract Negotiation 98

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 UK, and Switzerland, insist that such matters lie beyond WGIII’s purview.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

OCTOBER 15, 2024

This contrasts with a more conciliatory approach leading to negotiated outcomes that had previously prevailed in Asia, as discussed further below. By contrast, Australian clauses often include a last step of arbitration if a negotiated price cannot be agreed. ICC, SIAC).

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

FEBRUARY 22, 2024

Article 41 of the Civil Code also prohibits engaging in negotiations in bad faith, which encompasses actions such as withholding crucial contract information or displaying signs of lack of seriousness. In such cases, the party engaging in bad faith negotiations becomes liable for the resulting damages incurred by the other party.

Negotiation 52

Negotiation Influencing Efficiency Corruption 52

Kluwer Arbitration

OCTOBER 19, 2023

The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and practical considerations for investors when negotiating and enforcing information rights. Issues to Consider During Negotiations Statutory Rights Ms.

Management 52

Management Negotiation Corruption Collaboration 52

Kluwer Arbitration

JUNE 8, 2024

Stafford raised an important practical point of settlement negotiations with States, noting that, in practice, States are rarely prepared to settle a dispute, since government representatives often do not wish to be responsible for such a decision. This puts the award creditor in a much less risky position.

Negotiation 52

Negotiation Import Corruption Demand 52

Kluwer Arbitration

NOVEMBER 29, 2023

Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the IWT has resurfaced as the epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“ PCA ”), with an Award on Competence having been rendered on July 6, 2023. This post examines this Award on Competence.

Negotiation 52

Negotiation Participation Import Capacity 52

Kluwer Arbitration

FEBRUARY 20, 2024

Article 25: Focus on Efficiency and Cost-Effectiveness Article 25 instructs the tribunal to prioritise efficiency and cost-effectiveness which includes encouraging settlement through negotiation or mediation, albeit (rightly) arbitrators cannot act as mediators without party consent. Flexibility from the Start SCCA’s Article 8.1

Efficiency 52

Efficiency Negotiation Corruption Transparency 52

Kluwer Arbitration

MAY 15, 2024

As the African community has become increasingly comfortable with arbitration, the region has also experienced an acceleration in the development of domestic arbitration laws. The Act introduced provisions with respect to emergency arbitrators, arbitrators’ immunity, interim measures, and third-party funding in arbitration, amongst others.

Negotiation 52

Negotiation Capacity Import Corruption 52

Kluwer Arbitration

APRIL 13, 2024

Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations. Kuantyrov enumerated a few challenges that emerging economies such as Kazakhstan face when negotiating BITs with big economic players in relation to leverage and experience.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

MARCH 30, 2024

Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements. All in all, the panelists agreed that the increasing use of mediation and negotiation imply a change of mindset within Brazil, although there is still much room for growth. Fireside Chat with Ms.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

Negotiation 52

Negotiation Supply Chain Transparency Education 52

University of Bristol

DECEMBER 10, 2019

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

Public Procurement 52

Public Procurement Procurement Government Government 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). Soon, maintaining a ‘poker face’ will no longer be enough to conceal one’s emotions or biases. A Need for Guidance?

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

DECEMBER 26, 2023

During my previous tenure as the Director of AIAC from 2010-2018, one of the pivotal moments was the rebranding of the Regional Centre of Arbitration Kuala Lumpur (RCAKL) to Kuala Lumpur Regional Centre for Arbitration (KLRCA) in May 2010 symbolising the Centre’s regional forward-looking growth.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law. Natura Furniture , 2021), Belgium ( SNF v.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JUNE 12, 2024

It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The newly minted FTA is expected to boost the extant levels of trade between the two countries. While Article 7.8 are being complied with. percent.

Consulting 64

Consulting Negotiation IT Corruption 64

Kluwer Arbitration

FEBRUARY 22, 2024

Rodrigo Bahia explained these put them ‘in line’ with the principles of the rest of the industry internationally which supports levelling the playing field for negotiations, even though the templates still present important concerns. Some new measures introduced include reducing corporate guarantees and improving fiscal terms.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

Kluwer Arbitration

AUGUST 4, 2024

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal. Are Carve-outs in Conformity with the International Rule of Law and Necessary to Fight Climate Change?

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

DECEMBER 3, 2023

The panelists were unanimous that post-closing disputes are far more frequently arbitrated and that pre-closing disputes are more often negotiated since the parties remain eager to close their deal. The panelists were also skeptical that arbitration could be used to force a counterparty to close a deal.

Management 52

Management Negotiation Import Price 52

Kluwer Arbitration

MAY 5, 2024

Subramanian formally opened the session by quoting a statement from the Miami Arbitration Week 2023 that “the arbitration community is losing the fight to ensure the survival of ISDS”. He noted that ISDS, as a mechanism, had lost its battle of legitimacy in the eyes of public. Where do We Stand? Apprehensions Against ISDS Justice M.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

SEPTEMBER 28, 2023

The FICC then carefully examined the parties’ negotiation history, particularly as it relates to the arbitration clause. The parties then engaged in further negotiations regarding other clauses in the contract, but the arbitration clause remained unchanged. The FICC first affirmed its jurisdiction to review this issue.

Negotiation 40

Negotiation Contract Transportation Transportation 40

Tracker Intelligence

FEBRUARY 16, 2025

Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers. The public sector procurement process is meant to guard against corruption, and all bids are supposed to be evaluated on predetermined criteria like quality, price and social value.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

FEBRUARY 11, 2024

Until a decade or so ago, a major concern of courts faced with Med-Arb clauses or negotiation-then-arbitration clauses in commercial contracts, especially in common law jurisdictions, was whether the negotiation or mediation obligations were sufficiently certain to create contractual obligations.

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

NOVEMBER 28, 2023

In the Award on Jurisdiction , rendered on 26 July 2023, the tribunal rejected jurisdiction over the dispute by adopting the doctrine of the dominant and effective nationality. The repealed Venezuelan Constitution of 1961 improved the possibilities for Spanish nationals to obtain the Venezuelan nationality.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

NOVEMBER 17, 2023

However, taking a step back, if the award merely required the respondent to compensate the claimant with bitcoins or allowed the value of the bitcoins to be determined through parties’ negotiation instead of by reference to the price from a third-party website, would such award be enforceable? As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

SEPTEMBER 22, 2024

A Milestone for Sustainable Investment The SIFA marks a significant shift in investment agreements, emphasizing sustainability and bilateral cooperation. These policy objectives were already reflected in Angola’s National Development Plan for 2018-2022 , and were again reflected in the National Development Plan for 2023-2027.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

NOVEMBER 18, 2023

The panel noted that parties (including Japanese and Korean companies) who go through lengthy negotiations before the arbitration is commenced often can be unwilling to make a settlement offer once the arbitration is commenced.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

FEBRUARY 10, 2024

In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

NOVEMBER 3, 2023

Pursuant to Municipal Decree No. 3,066/2007, the matter was evaluated by the Mirassol Water and Sewage Services Regulatory Agency (“ARSAE”), which denied the request in the administrative sphere. This is a particularly relevant aspect of the dispute that appears to have been neglected by the lower instance courts.

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Participation Evaluation Bidding Public Bidding 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. At least not explicitly. Regarding prospective investments, states possess complete authority to establish domestic ESG regulations, making them as stringent as desired.

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Sustainability Corruption Balance Influencing 52