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

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?

Negotiation 52

Negotiation Export Import Sustainability 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. countries, are by far the most vocal participants in the discussions. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 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

SEPTEMBER 26, 2024

The resolution professional admitted the claim at a notional value of INR 1 (approximately USD 0.012) to ensure Indian Oil’s participation in the insolvency process. Arcelor Mittal denied liability and refused to participate in arbitration. Indian Oil filed a claim of approximately USD 450 million.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

JANUARY 24, 2024

A Clear Objective to Promote African States’ Interests and Participation in Dispute Settlement Mechanisms 1. Provisions Promoting African States’ Participation in Dispute Settlement The Model BIT and the Investment Protocol also contain provisions to promote Africa’s participation in dispute settlement mechanisms.

Sustainability 52

Sustainability Participation Negotiation Corruption 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

MAY 4, 2024

The third party is allowed to participate in the initial arbitration, which includes in particular the right to participate in the constitution of the arbitral tribunal. The participation of the third party always requires a third-party notice. The DIS-TPNR never allow the third party to intervene in its own right. 4 DIS-TPNR.

Participation 52

Participation Buyers Contract Negotiation 52

Kluwer Arbitration

NOVEMBER 18, 2023

Lee and Savoie both participated in the preparation of a recent report on this topic published by the Young Canadian Arbitration Practitioners (YCAP) and Secretariat. The panelists emphasized the advantages of encouraging clients to make such offers specifically for the purpose of recovering costs in the arbitration.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

FEBRUARY 8, 2024

CGX Energy Inc. ), including because the arbitration clause provided for a summary procedure of only two days and did not permit the participation of third parties or a party was not permitted to depose witnesses ( Costco ) or because the arbitrator ignored or failed to consider or admit certain evidence ( EDE Capital Inc.

Consulting 52

Consulting Participation Corruption Negotiation 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

SEPTEMBER 25, 2023

Timor-Leste has since turned its attention towards finalising its land and boundaries with Indonesia and is engaged in ongoing bilateral negotiations to this end [fn]Maritime Boundary Office, Timor-Leste’s Maritime Boundaries with Indonesia , [link]. ↑ 5 The official document is in Portuguese.

Negotiation 40

Negotiation Corruption Participation IT 40

How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. Rowley, KC observed that treaties have to be negotiated like contracts. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

NOVEMBER 28, 2023

Under the same rationale a similar principle of in dubio pro investor could have a place in international investment law, given that the foreign investor does not participate in the negotiations of BITs, or the drafting of foreign investment legislation.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

APRIL 9, 2024

This principal violation is that even after iterated amendments of its Eligibility Rules the ISU has gatekeeper power (vis-à-vis other market participants including horizontal ones) to determine who runs sporting events for ice skating. In negotiating with the Commission the ISU should be anxious only to satisfy the former, not the latter.

IT 59

IT Management Participation Negotiation 59

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 Integration Integrity 52

Kluwer Arbitration

JUNE 7, 2024

The panel discussion covered three topics: participants introduced their respective jurisdiction’s stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JANUARY 14, 2024

Tajikistan —a case where Tajikistan reportedly declined to participate in the arbitration proceedings. 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

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Tracker Intelligence

DECEMBER 30, 2024

Governments may collaborate with small and medium-sized enterprises (SMEs) and minority-owned businesses to increase participation. Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

FEBRUARY 16, 2024

The agreements were not drafted, negotiated, or signed by the father or his sons. 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

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Westinghouse (1984) and Gasum v.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

APRIL 11, 2024

Additional barriers that could hinder international arbitration in those days were removed such as withholding tax for foreign arbitrators and the lifting of certain restrictions on foreign counsel and arbitrators participating in international arbitrations.

Innovation 52

Innovation Influencing Logistics Negotiation 52

Kluwer Arbitration

NOVEMBER 4, 2023

While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

MARCH 25, 2024

Finally, Szabolcs Nagy highlighted the problems that negotiators of the Member States and the EU are facing in finding a legally sound solution for the withdrawal from the ECT without violating the Rule of Law. Rameau also underlined the need for sustainable FDI and investment retention, in particular in Africa.

Balance 52

Balance Export Sustainability Import 52

Kluwer Arbitration

DECEMBER 9, 2023

According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved. The ICC International Court of Arbitration ’s dedication to unlocking the Northeast’s potential serves as a powerful reminder that we all can seize the opportunities from that region.

Public Bidding 52

Public Bidding Import Bidding Demand 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52

Whistleblower Network News

DECEMBER 6, 2023

In the leadup to the 10th Conference of States Parties ( CoSP 10 ) to the UN Convention Against Corruption (UNCAC), members of Civil Society are encouraging UNCAC to pass a dedicated whistleblower resolution. With informal negotiations in Vienna underway, one resolution on whistleblower protection has been introduced by Serbia and Palestine.

Corruption 115

Corruption Negotiation Accountability Transparency 115

Kluwer Arbitration

NOVEMBER 29, 2023

India declined to participate by not appearing, contesting the tribunal’s jurisdiction since a Neutral Expert was also examining the issue and the IWT’s prohibition of parallel proceedings. India characterised the arbitration proceedings as “ illegally constructed.”

Negotiation 52

Negotiation Participation Import Capacity 52

Kluwer Arbitration

OCTOBER 11, 2024

There is no breach of the principle of the equity of the parties if an Arbitrator participated in another arbitration with the same parties and a similar case file. The Court stated that the obligations set out in each contract had a high degree of interdependence, in such a way that it was essential to submit both contracts to arbitration.

Insurance 52

Insurance Participation Contract IT 52

Kluwer Arbitration

MARCH 20, 2024

Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work. Conclusion Laborde Law’s conference allowed the participants to delve into two fascinating topics on the subject of investment arbitration.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

DECEMBER 16, 2023

Mr. Erik Franco , General Counsel of Engie Peru, noted that he participated in the elaboration of the ICC Report on Climate Change (also reported here ). In short time, the AI was corrupted by the users and started sending out violent messages. There is still few cases dealing with AI-related issues and Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

NOVEMBER 18, 2024

Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked a significant departure from traditional conference formats, embracing an interactive, participant-driven approach that fostered open and informal conversations among attendees.

Innovation 52

Innovation Participation Influencing Negotiation 52

Kluwer Arbitration

JANUARY 18, 2025

Yoo noted that increased participation by senior management in virtual hearings has bolstered the comprehension of the disputed issues and yielded more opportunities for settlements. The event concluded with a networking reception, offering participants an opportunity to engage informally and delve deeper into the topics discussed.

Risk Management 52

Risk Management Negotiation Consulting Participation 52

Kluwer Arbitration

FEBRUARY 5, 2025

I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. Despite joining mid-process, I had the privilege of participating in most of the formal discussions and gaining valuable insights into the process. Could this resistance further hinder the impact of the modernised ECT?

Negotiation 52

Negotiation Sustainability Contract Finance 52

Kluwer Arbitration

APRIL 20, 2025

Though Central Asia’s engagement with UNCITRAL Working Group III remains minimal, the region actively participates in investment arbitration as both States and foreign investors. Diora Ziyaeva shifted focus to Uzbekistan’s evolving arbitration framework.

Transparency 52

Transparency Balance Negotiation Import 52