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. What Are the Challenges in Negotiating MIT?

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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.

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Export Supply Chain Manufacturing Participation 110

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). More coverage from Australian Arbitration Week is available here.

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Price Negotiation Finance Accountability 59

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

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.

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Negotiation Influencing Efficiency Corruption 52

Kluwer Arbitration

NOVEMBER 29, 2023

In 2016, Pakistan asked the World Bank (which facilitated the negotiations preceding the Indus Water Treaty) to facilitate an ad-hoc Court of Arbitration to investigate its concerns about the designs of the two hydroelectric power projects. India asked for the appointment of a Neutral Expert for the same purpose.

Negotiation 52

Negotiation Participation Import Capacity 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.

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Efficiency Negotiation Buyers Price 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. We look forward to attending the SCCA24 Conference !

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Efficiency Negotiation Corruption Transparency 52

Kluwer Arbitration

MAY 15, 2024

A perception of potential bias and cultural differences has expedited this shift, with local parties, often governments or government entities, insisting on local seats in their arbitration clauses when negotiating contracts. Should investors be pushing back on African seat proposals when negotiating arbitration clauses?

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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

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

JULY 17, 2024

These are important considerations for contracting parties negotiating the seat of arbitration in any contract. 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

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Thresholds Import Contract IT 98

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). In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

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 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. Rodrigo added that the enforceability of these clauses is yet to be tested.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 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

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.

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Negotiation Contract Transportation Transportation 40

Oxford College of Procurement and Supply

SEPTEMBER 8, 2023

Bribery This involves special consideration or support for certain candidates during contract negotiation or supplier evaluation in return for illicit payments or other incentives. Coercion and Intimidation This is when threats of harm or loss are made instead of bribes.

Ethics 52

Ethics Import Procurement Supply Chain 52

Kluwer Arbitration

MAY 5, 2024

Considering the ongoing negotiations of other investment and trade instruments globally, these instances can provide a roadmap to other economies looking to attract investments. Rowley, KC observed that treaties have to be negotiated like contracts. of the India EFTA Trade and Economic Partnership (“TEP”).

Balance 52

Balance Negotiation Sustainability Accountability 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

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

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 9, 2024

This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.

Ethics 52

Ethics Corruption Finance Negotiation 52

Kluwer Arbitration

NOVEMBER 3, 2023

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 Pursuant to Municipal Decree No.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

DECEMBER 26, 2023

We have made enhancements to various provisions, including consolidation and joinder provisions, technical review provisions, third-party funding provisions, summary determination, and settlement negotiations.

Influencing 98

Influencing Efficiency Leadership Innovation 98

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.

Consulting 64

Consulting Negotiation IT Corruption 64

Kluwer Arbitration

DECEMBER 22, 2023

795 “) from the Ho Chi Minh City (“ HCMC ”) People’s Court appears to treat preconditions which mandate settlement through negotiation and mediation prior to arbitration as a matter of “admissibility.” Nevertheless, Decision No. 795/2017/QD-PQTT dated 27 June 2017 (“ Decision No. b) of the LCA, 4) Article 68.2(b)

Negotiation 52

Negotiation Contract Corruption IT 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The aim should be to promptly crystallise their claim and actively participate in the insolvency process through negotiations with the resolution professional and coordination with other creditors, to ensure that their claim is recorded in the resolution plan itself.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

SEPTEMBER 22, 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

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

JULY 15, 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

Import 52

Import Negotiation Contract Corruption 52

Kluwer Arbitration

JULY 7, 2024

The Advisory Centre could use this knowledge to advise private investors, helping them avoid initiating arbitration and encouraging early negotiations with State parties.

Education 52

Education Efficiency Integrity Integration 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

We covered panels that discussed techniques to facilitate settlement in international arbitration , regulation of use of artificial intelligence in dispute resolution , Hong Kong’s ORFSA , and the negotiation and enforcement of investors’ information rights.

Negotiation 52

Negotiation Innovation Efficiency 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.

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

AUGUST 7, 2024

Since the negotiations turned out unsuccessful, the Claimant filed with the RAC to recover the debt under the contract and the late payment interest under the Thailand Civil and Commercial Code. Later, the Respondent refused to pay for the goods, since a substantial part of the goods received by the Respondent were of poor quality (rotten).

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

MARCH 31, 2024

After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”. On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

FEBRUARY 12, 2024

It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. However, in the case of adhesion contracts, one party presents non-negotiable terms, which the other party can either accept or reject in its entirety.

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Distribution Thresholds Contract Negotiation 52