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

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

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

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

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Governments can start tackling passive waste and better leverage procurement for development by using the IDB´s Public Procurement Toolkit Module , presented during the event. Source: Authors’s elaboration.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 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

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

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 Demand Bidding Distribution 52

Kluwer Arbitration

MARCH 2, 2024

There is a very high threshold for a Section 68 challenge. Secondly, P&ID presented and relied on evidence that it knew to be false. Thirdly, P&ID bribed a Nigerian official throughout the arbitration to “buy her silence” about the fact that she had accepted their bribes at the time the underlying contract was made.

Corruption 52

Corruption Ethics Transparency Import 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 Government 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 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 52

Balance Engineering Procurement IT 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 IT Import 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

Kluwer Arbitration

DECEMBER 10, 2023

Refining Arbitration: One Size Does Not Fit All While arbitration presents a compelling avenue for resolving data privacy disputes, its framework must be meticulously refined to address the specific challenges highlighted, with a particular emphasis on the cost factor.

Data 97

Data Balance Transparency Efficiency 97

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

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

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.

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