Kluwer Arbitration

SEPTEMBER 17, 2024

The obligation of confidentiality in arbitration is, broadly, an obligation imposed on participants in an arbitration not to disclose to non-participants any matters arising from or disclosed during an arbitration, sometimes including the mere existence of the dispute.

Data 59

Data Participation Corruption Transparency 59

Kluwer Arbitration

OCTOBER 4, 2023

(b) Standard of Review While endorsing Azov Shipping Co v Baltic Shipping Co [1999] 1 Lloyd’s Rep 68 , the Supreme Court held that the entitlement of a participating party to full review under section 67 was equal to the right given to the non-participating party under section 72.

Consulting 75

Consulting Participation IT Corruption 75

Kluwer Arbitration

MAY 8, 2024

In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. The speakers then discussed in detail Guidelines I.B,

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. The speakers then discussed in detail Guidelines I.B,

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

JANUARY 25, 2024

In both cases, which are presently being appealed, the claimant had filed unlawful act claims in court which involved two non-signatories to the arbitration agreement, in addition to a signatory. The problem is, there is no legal obligation for this third party to participate in the arbitration. most recently, Decision No.

Participation 97

Participation Contract Import Corruption 97

ivalua

MAY 9, 2019

They sometimes participate in the R&D process, adding their IP to the company’s own. Because of the key contributions these supply partners make to corporate performance, Procurement needs to pay far more attention to risk and quality issues – whether they are present in the supplier or in their supply chain.

Supplier 58

Supplier Management Supply Chain Procurement 58

Kluwer Arbitration

FEBRUARY 8, 2024

TicketOps Corporation ); (c) the party being unable to present its case ( Prospector PTE Ltd. Ordinarily, “a party’s participation in a proceeding (including through counsel) would […] evidence that a party had notice of that proceeding” (para.

Consulting 52

Consulting Participation Corruption Negotiation 52

Kluwer Arbitration

JUNE 6, 2024

There is room and necessity to take a de novo look at this discussion, especially considering that there are many new participants in arbitration proceedings comparing to a decade ago. The panel discussion was followed by a Q&A session during which questions primarily focused on issues of corruption.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

OCTOBER 17, 2024

Explanation to Paragraph (2) The purpose of paragraph (2) is to avoid any resistance from participants in an arbitration, such as the management of a corporate party, who could consider taking a first step towards the other party to commence settlement negotiations as an admission of weakness. The authors thank Ms.

Negotiation 97

Negotiation Management Budget Efficiency 97

Kluwer Arbitration

JULY 31, 2024

On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 , holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement.

Retail 52

Retail Participation Corruption IT 52

Kluwer Arbitration

APRIL 21, 2024

In addition to written materials, CGA members actively participate in global events and arbitration weeks by hosting substantive programming and informal networking gatherings, both in-person and virtually to expand participation. Look for CGA representatives at ICCA Hong Kong , LIDW , and many upcoming events.

Sustainability 59

Sustainability Participation Corruption Efficiency 59

Kluwer Arbitration

JULY 4, 2024

taking evidence of one or several witnesses by video, with other participants including the arbitral tribunal and counsel to appear in person) or in full. For example, videoconferencing may permit participants to observe the facial reactions of a witness more closely than in a physical hearing room.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

SEPTEMBER 6, 2024

Kickstarted by an afternoon of Young ITA events (among them a mock trial session and a debate) and a workshop dinner at a rainy Lake Austin, the Annual Workshop was opened by Tom Sikora , outgoing Chair of the ITA Advisory Board, who welcomed the participants to Austin’s Omni Hotel. Defining the Parameters The first panel moderated by Prof.

Participation 52

Participation Import Balance Corruption 52

Kluwer Arbitration

NOVEMBER 8, 2023

This implies the simultaneous presence of all parties, the importance of which is emphasized twice: by clarifying that physical presence is not required where a party participates by video or live television link, and by requiring that the parties be summoned, with all the possible consequences of unexcused absence.

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

SEPTEMBER 27, 2024

Adriana Braghetta , was entitled “Technical Evidence in Infrastructure Arbitrations” and was divided into three major fronts: (i) the difficulty of proving causation in infrastructure disputes, presented by Ms. Elena Landau and Ms. Karla Bertocco Trindade. The main highlights from these panels are outlined below.

Sustainability 52

Sustainability Engineering Distribution Contract 52

Kluwer Arbitration

DECEMBER 5, 2023

Österle led the discussion presenting a variety of provocative hypothetical scenarios that might arise in the course of a mediation, from the case of the mediator who suspects a party is seeking a fraudulent settlement to the case of counsel who appears to be standing in the way of a settlement due to divergent interests. federal courts.

Ethics 52

Ethics Efficiency Participation Telecommunication 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Emotion AI tools could be used during a case management conference or hearing to monitor participants’ level of attentiveness, engagement, confusion, and anxiety in real time. Emotion AI can generate detailed behavior reports presented in a user-friendly format with visual graphs and data points.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

MAY 5, 2024

These sessions deliberated on the past, present and future of ISDS from an Indian and global perspective. Ashwita Ambast (Legal Counsel, Permanent Court of Arbitration) and Amit Sibal (Senior Advocate, Supreme Court of India) presented the state’s perspective on ISDS and how the mechanism could be reimagined. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 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

JANUARY 28, 2024

CLE Credit will be offered for many of the presentations including “Women in Arbitration – California Stories,” “Navigating Arbitrator Disclosures and Challenges in International Arbitration,” and “Ethical Conundrums Faced by Parties and Arbitrators in International Arbitration.” Vitaly Ivanovich Smagin , No. 22–381 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

SEPTEMBER 30, 2024

The court dismissed Uniper’s argument that Gazprom (ironically) was in fact participating in the Stockholm arbitration and had legal representation in those proceedings. Conclusion In brief conclusion, the present geopolitical climate poses a major threat to international judicial comity.

Export 52

Export Participation Transportation Transportation 52

Kluwer Arbitration

OCTOBER 20, 2023

Ong highlighted the difficulty of certain international lawyers participating in expert preparation, as their local rules do not permit them to do so. Allen explained how young arbitrators tend to arise from bigger law firms, which may present further difficulties with disclosure through double-hatting. Further, Ms.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

MARCH 20, 2024

On General Role and Operation of CAS The event kicked off with a presentation by Hervé Le Lay of the general role and operation of the CAS. decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. This does not cover field of play matters (i.e.,

Corruption 52

Corruption Participation Import Thresholds 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 Negotiation Integration 52

Kluwer Arbitration

NOVEMBER 19, 2023

The 12th Asia-Pacific ADR Conference , the flagship event of SAF 2023, took place on 1 November 2023 and was attended by approximately 300 participants on-site as well as other attendees simultaneously joining the conference online. It covered a broad range of topics over four sessions. More coverage from Seoul ADR Week is available here.

Efficiency 52

Efficiency Purchasing Data Finance 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. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Bidding Demand 52

Kluwer Arbitration

JANUARY 5, 2024

At present, a substantial amount of FDI is moving in both directions, and therefore, one-sided interests of protecting one’s investors abroad or, conversely, being protective of one’s sovereign and domestic interests as a host state is no longer a reality. The WGIII is again a perfect example of such a change.

Negotiation 52

Negotiation Export Import Sustainability 52

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 16, 2024

The Framework and Starting Propositions International arbitration presents an opportunity for flexibility in presentation and consideration of evidence, but that flexibility cannot come at the cost of rigour. So how do tribunals, parties, and their legal representatives overcome gaps in evidence? What Ethical Considerations Arise?

Ethics 52

Ethics Thresholds Corruption Consulting 52

Kluwer Arbitration

OCTOBER 6, 2023

This requirement is also present in the rules of many arbitral institutions. To act with respect would not only involve a mutual respect for colleagues and participants in an international arbitration, but also a respect for diversity and an awareness of the risk of unconscious bias to refrain from discriminatory conduct.

IT 45

IT Ethics Participation Accountability 45

Kluwer Arbitration

MARCH 21, 2024

Debate on the Arbitration Autonomy Principle The debate itself was animated by Philippe Pinsolle who welcomed the initiative of the Paris Court of Appeal to participate in the PAW and admitted that for the first time in his career he witnessed an authority in charge of annulment of arbitral awards organizing an arbitration event.

Participation 52

Participation Import Corruption Efficiency 52

Kluwer Arbitration

JUNE 26, 2024

JAMS describes these new rules as “clear guidelines and procedures that address the unique challenges presented by AI, such as questions of liability, algorithmic transparency, and ethical considerations.” The JAMS AI Rules are new arbitration rules intended to govern disputes involving AI.

Transparency 52

Transparency Import IT Efficiency 52

Kluwer Arbitration

OCTOBER 1, 2024

This decision, that the present post analyses, was rendered “against” Russian parties approaching Russian Arbitrazh Courts in spite of arbitration agreements. 12 SchH 5/22 ). It offers a strategic option for non-Russian parties to affirm the exclusivity of arbitration, even when the seat of arbitration lies outside of Germany.

Utilities 52

Utilities Thresholds Integration Integrity 52

Kluwer Arbitration

JANUARY 14, 2024

The 2024 Rules are presently available in English and Arabic , with a French version expected to be made available soon. This post will present an overview of the key amendments and updates contained in the 2024 Rules. The 2024 Rules build on CRCICA’s accumulated experience in handling over 1670 cases since it was established in 1979.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

SEPTEMBER 23, 2024

Today the majority of teams have participated in numerous pre-moots either in person or online. In such cases, it may, on the one hand, not be appropriate to let the supplier participate as a full party in the proceedings, on the other hand, it may make little sense to arbitrate the question of conformity a second time.

Supply Chain 52

Supply Chain Supplier Participation Balance 52

Kluwer Arbitration

SEPTEMBER 22, 2023

When a challenge is presented, the Secretary-General invites comments from the parties and the arbitrators. 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

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

NOVEMBER 20, 2024

On 26 September 2024, the International Chamber of Commerce (ICC) hosted the 19th ICC New York Conference on International Arbitration, which brought together over 300 participants from 40 countries to discuss critical developments in international business and arbitration.

Contract 52

Contract Import Participation Management 52