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.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

NOVEMBER 1, 2024

Like their Chinese counterparts, parties in the Middle East place a high value on relationships, making negotiated settlements and mediation key components of dispute resolution, as they help preserve commercial relationships. Lingzhi Fu echoed this preference for negotiated resolutions. More coverage from the week is available here.

Automotive 52

Automotive Negotiation Supply Chain Telecommunication 52

Kluwer Arbitration

NOVEMBER 18, 2024

Paul also noted that while settlement negotiations leading to the suspension or withdrawal of cases are more common in North American disputes, there is a slow but noticeable increase in such resolutions in Latin America. Differences in negotiating styles, contractual preferences, and overall litigation appetite.

Innovation 52

Innovation Participation Influencing Negotiation 52

Whistleblower Network News

JANUARY 11, 2024

Worse still, the DOJ has indicted and aggressively prosecuted highly qualified whistleblowers, even whistleblowers who have been recognized by other federal agencies for their contributions in fighting corruption and crime.” ” “Our experience with DOJ has been mixed.

Participation 97

Participation Negotiation Corruption Import 97

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 Efficiency Influencing Corruption 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). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.

Negotiation 64

Negotiation Framework Agreement Import Capacity 64

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.

Negotiation 52

Negotiation Import Corruption Demand 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 !

Efficiency 52

Efficiency Negotiation Corruption Transparency 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 IT 52

Kluwer Arbitration

NOVEMBER 15, 2024

Finally, Thierry Tomasi shared his experience with investment funds in France, noting how cultural differences can shape disputes, particularly around contract negotiation and document production. He also expressed curiosity about the effectiveness of the “ carta arbitral ” in facilitating communication between arbitral tribunals and courts.

Negotiation 52

Negotiation Efficiency Import Integration 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.

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 Education 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?

Negotiation 52

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

Efficiency 52

Efficiency Ethics Negotiation Participation 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

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

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

OCTOBER 28, 2024

Through this new approach, state bodies are better positioned to monitor potential ISDS claims and play a more active role in contractual negotiations, including the selection of dispute resolution forums.

Sustainability 98

Sustainability Balance Negotiation Corruption 98

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.

Export 111

Export Supply Chain Manufacturing Participation 111

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

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

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.

Insurance 52

Insurance Sustainability Negotiation Price 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

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

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

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

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 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 Negotiation Finance 52

Kluwer Arbitration

NOVEMBER 13, 2024

In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU.

Negotiation 52

Negotiation Corruption IT 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

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. Those restrictions potentially imposed on the contracting party may result in legal claims/counterclaims and might put the victim in a stronger bargaining position in settlement negotiations during or after arbitration proceedings.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 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 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

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