Kluwer Arbitration

NOVEMBER 29, 2023

In the previously decided 2013 Kishenganga Award, a key fact was that despite initially objecting to the PCA’s competence, India had appointed two arbitrators and participated in the proceedings to present its objections. India asked for the appointment of a Neutral Expert for the same purpose.

Negotiation 52

Negotiation Participation Import IT 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

JUNE 15, 2024

a of the ECT requires “unanimity” among the contracting parties “present and voting” for an ECT amendment to be adopted. Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

FEBRUARY 8, 2024

TicketOps Corporation ); (c) the party being unable to present its case ( Prospector PTE Ltd. In Tianjin , respondents challenged the award on grounds of public policy, lack of notice of the arbitration proceeding, and lack of opportunity to present their defence. An example of the latter case is China Yantai Friction Co. Novalex Inc.

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

APRIL 10, 2024

Kang finally discussed the challenges of cross-border data restrictions on evidence collection and presentation, stressing the importance for legal practitioners to adeptly manage evidence and strategize in complex international legal scenarios.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

JULY 7, 2024

The statute, incorporating inputs from over 70 state delegations and 40 international organisations, will be presented for approval at the upcoming 57 th Commission session of UNCITRAL, scheduled between 24 June and 12 July 2024.

Education 52

Education Efficiency Integration Integrity 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

OCTOBER 14, 2024

Appeal to State Courts Dissatisfied with the Arbitral Award, the Portuguese State then presented an appeal raising several grounds. 19-A/2020 , as the parties cannot be said to have expressly renounced the application of any other legal regime when COVID-19 was not even foreseen as a cause of force majeure.

Contract 52

Contract Sustainability Import Negotiation 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

Kluwer Arbitration

NOVEMBER 4, 2024

During the two-day conference, the speakers presented an update on developments and trends in the construction industry while sharing their insights into contracts and disputes. This part reports on the first day, while part 2 outlines to the second day. Mr. Kyoungho Kim (Head of Legal, Onejoon Co.,

Engineering 52

Engineering Public Private Partnership Consulting Contract 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

DECEMBER 9, 2023

Mayara Nunes (Deputy Counsel, ICC International Court of Arbitration) provided an overview of the ICC’s activities in Brazil and the Northeast, presenting statistics that indicate a growth trend. According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved.

Public Bidding 52

Public Bidding Import Demand 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.” This may help avoid challenges in the courts on grounds similar to those presented in Decision No.

Negotiation 52

Negotiation Contract Corruption IT 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

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. As an alternative to ISDS, the Brazilian Model of Investment Arbitration (“BRAMIA”) was proposed. Guimarães Pereira and Leonardo F. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

FEBRUARY 13, 2024

This post presents the panel on “ECT Modernization or Collapse?”. He also mentioned how the European Commission leveraged Achmea and Komstroy (issued during the modernized ECT negotiations) in introducing a disconnection clause prohibiting intra-EU disputes. Mr de Gramont presented some enforcement success stories.

Negotiation 59

Negotiation Corruption IT Integration 59

Kluwer Arbitration

DECEMBER 31, 2023

This article will present an overview of the key amendments and new updates to the 2024 Rules. 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

Efficiency 52

Efficiency Consulting Contract Innovation 52

Kluwer Arbitration

JANUARY 3, 2024

This post first presents P2 interlocking mechanism in a nutshell and explains how it may negatively impact investment protection under existing international investment agreements (IIAs). 6), as presented in the preceding section. It aims to ensure that multinational enterprises (MNEs) in scope of that reform (i.e.

Negotiation 59

Negotiation Utilities Corruption IT 59

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.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

JUNE 7, 2024

In Korea, legislation prohibiting profit sharing means that there is presently no appetite for TPF. Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question. What Scope for Introducing Arbitral Procedural Rules in Relation to TPF?

Import 52

Import Ethics Influencing Negotiation 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

JUNE 8, 2024

The discussions were held under the Chatham House Rule, with each panelist presenting his or her insights, followed by a moderated Q&A session. “ The event brought together leading experts to discuss the intersection of investment law and the global shift towards sustainable energy.

Influencing 52

Influencing Balance Negotiation Corruption 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.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JANUARY 13, 2024

Persuasion is a key element in any dispute, and to be able to present the case in the same language of any relevant document and relevant domestic legislation is a key factor. This, she noted, is relevant for matters such as treaty interpretation and document review. We ought to wait and see.

Balance 52

Balance Transparency Negotiation Government 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. Gazprom (2022). Gazprom (2022).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

APRIL 22, 2024

57/2019, which expressly prohibits AGU’s attorneys to undertake private engagements related to alternative dispute resolution, e.g. , arbitration, mediation, conciliation, and negotiation. In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government 52

Government Government Capacity Influencing 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. Dr Kozmenko also expressed her support for the creation of a multilateral investment court, drawing similarities with the original reason for BIT arbitrations as creating a neutral forum, separate from state courts.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

MARCH 20, 2024

Comment While the Court of Appeal has presented the case as a fact-specific one, it is likely to have broader implications as many commercial contracts contain similar non-assignment provisions and almost all non-assignment clauses in commercial contracts are likely to contain similar references to one or both of the parties.

Insurance 52

Insurance Contract Import Thresholds 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

DECEMBER 12, 2023

The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. This stay applies to litigation as well as arbitration and goes beyond the mere choice of law rules currently under negotiation. UMLCBI with Guide to Enactment and Interpretation, par.

Negotiation 52

Negotiation Capacity Government Government 52

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

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. This post encapsulates key takeaways from the webinar. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 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

DECEMBER 16, 2023

Maria Madalena Porangaba , legal and safety manager of the Brazilian Electricity Commercialization Chamber (“CCEE”), then made a presentation on the green transition in Brazil and conflict resolution within the CCEE. She also presented the application of AI in arbitration in the context of JusMundi (JusConnect and Conflict Checker).

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

JUNE 6, 2024

Additionally, diplomatic channels have historically proven effective at resolving space disputes, as evidenced during the 1970s when a Soviet satellite crashed and scattered debris over Canada, resulting in a dispute that was ultimately negotiated and settled diplomatically.

Export 52

Export Telecommunication Influencing Negotiation 52

Kluwer Arbitration

MARCH 25, 2024

Suzanne Spears started her presentation by taking a step back to the year 2010 when she had already observed that the biggest challenge facing the investment law regime was how to strike a balance between investment protection and protection of society and the environment.

Balance 52

Balance Export Sustainability Import 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 Sociedad Naviera Ultragas Ltda & Synteko Produtos Químicos S/A v. HDI Seguros S.A.,

Insurance 52

Insurance Participation Contract IT 52