Kluwer Arbitration

DECEMBER 18, 2023

Successfully entering this market could position Paris to attract Civil Law arbitration cases, presenting a promising prospect. She identified a significant opportunity for Paris in the field of Civil Law and emphasized the need to understand why Civil Law jurisdictions might opt for a Common Law jurisdiction when going into arbitration.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

JULY 2, 2024

The SFSC noted that in its set-aside action, Venezuela presented its own version of the facts and substituted its evaluation of the evidence for that of the tribunal. This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para.

Thresholds 52

Thresholds Price IT Corruption 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?

Ethics 52

Ethics Thresholds Corruption Consulting 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

JANUARY 17, 2024

and discourage parties from bypassing arbitration by presenting winding up petitions. The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed.

Thresholds 52

Thresholds Bidding Demand Distribution 52

Kluwer Arbitration

SEPTEMBER 16, 2024

Following the said test, the Bombay High Court determined that the facts of the present case, did not, in the eyes of a reasonable third person with knowledge of the relevant facts, give rise to justifiable doubts about the independence and impartiality of the arbitrator.

Thresholds 52

Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

JULY 26, 2024

Specifically, Wang argued that the arbitration procedure failed to comply with the parties’ agreement and that he was unable to present his case. To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors.

Insurance 52

Insurance Thresholds Media Contract 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

FEBRUARY 21, 2024

First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. Crucially, the Amicus never expresses a position on the core issue of the enforceability of “intra-EU” awards after the CJEU’s controversial decisions.

Thresholds 52

Thresholds IT Balance Media 52

Kluwer Arbitration

FEBRUARY 12, 2024

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. The recent decisions reinforce the principle that challenging arbitration agreements is an uphill battle with a high threshold, requiring solid and irrefutable evidence.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

MARCH 24, 2024

Essentially, the SCC reiterated that regional High Courts of Justice generally must not reopen the merits or substance of a dispute, and that cases that meet the public policy threshold are highly exceptional. In particular, the SCC clarified that the provision in Article 37.4

Thresholds 52

Thresholds Corruption IT 52

Kluwer Arbitration

JULY 12, 2024

Boog critiqued the current methods of presenting evidence to arbitrators, emphasising the need to adapt to the decreasing attention spans of younger generations. Delays often stem from the excessive and misleading presentation of documents. Russia and Stati v. Republic of Kazakhstan ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

NOVEMBER 20, 2024

Tuma-Weldon provided a detailed presentation of the report, which was released earlier this year , and which focused on the emotive nature of B2B relationships and how businesses perceive cross-cultural differences. The ICSID system therefore requires States to designate their SOEs to ICSID so that SOEs can be party to ICSID disputes.

Contract 52

Contract Import Participation Management 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

MARCH 3, 2024

As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment).

Efficiency 52

Efficiency Thresholds Finance IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. 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 See Cargill v.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

DECEMBER 2, 2023

They now have the flexibility to choose between traditional oral hearings or for the proceedings to be conducted on an “documents-only” basis for the presentation of evidence without oral arguments. Ultimately, this serves to bolster both investor confidence and the UAE’s business-friendly reputation.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

FEBRUARY 5, 2024

Key Principles of Arbitration Identified By the Seven-Judge Bench In deciding whether unstamped agreements are unenforceable, the Judgment considered the remit of courts at the threshold stage.

Import 52

Import Balance Contract Insurance 52

Government Contracts Legal Forum

JANUARY 5, 2024

Notably, from FY 2018-2022 GAO found “numerous examples of defense-related M&A that potentially presented risks” to DoD but for which DoD did not participate in antitrust review, in many cases because it appears that the FTC and DOJ may not have reached out to DoD for input and DoD was otherwise unaware of the transaction.

Government 40

Government Government Export Data 40

Telles.eu

NOVEMBER 7, 2023

With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. But fashionably late it was nonetheless.

Procurement 100

Procurement Thresholds Tender Transparency 100

Kluwer Arbitration

FEBRUARY 12, 2025

The application sought to set aside an arbitration award on the basis that the Applicant was otherwise unable to present his case and/or that the arbitral award contained decisions on matters beyond the scope of the submission to arbitration (Article 34 s.2(a)(ii) 2(a)(ii) and s.2(a)(iii) 2(a)(iii) respectively).

Thresholds 52

Thresholds Retail Insurance Corruption 52

Kluwer Arbitration

DECEMBER 10, 2024

Arbitrators are, however, under a statutory duty to give each party a reasonable opportunity to present their case. This proposed threshold for summary dismissal is the same threshold as in English court proceedings and, therefore, benefits from extensive case law explaining its meaning.

Thresholds 59

Thresholds Demand Influencing Contract 59

Kluwer Arbitration

DECEMBER 9, 2024

There are no restrictions on the evidence that may be presented before the English courts, beyond those imposed by the courts procedural rules ( Central Trading & Exports Ltd v Fioralba Shipping Co (The Kalisti) , paras.

Export 59

Export Tender Thresholds Corruption 59

Kluwer Arbitration

MARCH 7, 2025

The Court of Appeals rejected defences under Article 1048a DCCP (no failure to object in the arbitration as the relevant decision only appeared in the award) and the one-month limitation in the arbitration agreements appeals provision (the present proceedings were a setting aside claim not an appeal). Stichting Amphia v.

E-procurement 52

E-procurement Thresholds Import Distribution 52

Kluwer Arbitration

JANUARY 20, 2025

Similar to previous years, Working Group IIIs work was presented to and finalized at the UNCITRAL Commissions 57th session , some of the outcome of which are presented below. The 48th session in April advanced discussions of the draft statute of an Advisory Centre ( A/CN.9/WG.III/WP.238 9/WG.III/WP.238 9/WG.III/WP.235 9/WG.III/WP.239

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

NOVEMBER 28, 2024

The present decision suggests that the Court applies a (slightly) higher threshold for its domestic territorial jurisdiction than for its international jurisdiction. In the present case, this means that the Paris Court will have the power to assess the question of whether the agreement between CME and CBI was concluded under fraud.

Participation 52

Participation Balance Import Thresholds 52

Kluwer Arbitration

DECEMBER 5, 2024

To be clear, the authors take no firm view on whether the arbitrators conduct in DJO reaches this threshold of severe conduct warranting the disclosure of his name. This deprived the parties of their right to a fair, independent and impartial award. It may well be possible that the decision to redact his name was the correct one.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

NOVEMBER 11, 2024

The BVG observed that Achmea had not raised this point in the present complaint and there would seem to be a good reason for the omission. Achmea appears to have anticipated the BVG’s reasoning and therefore filed the parallel constitutional complaint against the Act. Conclusions The rulings of the BVG hardly come as a surprise.

Thresholds 52

Thresholds IT Corruption Accountability 52

Kluwer Arbitration

NOVEMBER 5, 2024

As Albatros did not appear, and no enforcement refusal grounds were considered present, the enforcement order was granted on 14 June 2024. The enforcement order relating to the arbitral award Following the judgements rendered on 29 February 2024 and 26 March 2024, 111 sought to enforce the award before to the Curaçao court.

Balance 59

Balance Engineering Procurement IT 59

Kluwer Arbitration

JANUARY 12, 2025

Three versions of the MOI were presented during the dispute (Award, para 368). Theoretical Approach to Pre-Investment Expenditures Tribunals typically apply a high threshold for pre-investment expenditures under the definition of investment ( McLachlan, Shore, and Weiniger , 2017, p.

Engineering 52

Engineering Tender Public Private Partnership Transportation 52