Wolters Kluwer: International Arbitration & Mediation

#ICCAPublications announcement – 6 new #ICC awards now available.   The 2024 edition of the ICCA Awards Series has been updated to include six previously unpublished ICC Arbitration awards issued between 2018 and 2022 in disputes involving supply contracts, distribution agreements, exploration licenses, and settlement agreements, bringing the total ICC awards published by ICCA to 270, spanning from 1976 to the present.   The full anonymised awards, summaries and indexing, are available on Wolters Kluwer: International Arbitration & Mediation: https://lnkd.in/eMHBV6HE.   International Chamber of Commerce | ICC Arbitration #InternationalArbitration #ICCAAwardsSeries

We are pleased to invite #arbitration enthusiasts to a webinar hosted by Linklaters Singapore and Wolters Kluwer on 'Compensatory Damages in International Commercial Arbitration'. 💡 The methods of calculating compensatory damages, which ensure full reparation, vary significantly from one jurisdiction to another. In #internationalarbitration, disputes often involve parties from different legal traditions. 🗓️ On 12 November, our esteemed experts, Matthew Secomb (White & Case LLP), Clara Tung (Linklaters) and Tingwei Li (上海国际仲裁中心-Shanghai International Arbitration Center), moderated by Dr. Fan Yang, will guide you through selected issues relating to the determination of damages in both #civillaw (Mainland China) and #commonlaw (Singapore and Hong Kong SAR) systems. 🚀 Join the session and the discussion or request a replay at https://lnkd.in/eR7suXJs!

#ICCAPublications announcement – new decisions now available.   The 2024 edition of the Yearbook Commercial Arbitration has been updated to include 18 new decisions.   Each decision is accompanied by an abstract summarising its significance for the field of #InternationalArbitration. Of these, 12 decisions address the application of the 1958 New York Convention by courts in Nigeria, Pakistan, Russia, Singapore, and the United States.   Special thanks to the ICCA Yearbook Commercial Arbitration Rapporteurs Daniel Ihueze for Nigeria, Dr. Nudrat E. Piracha for Pakistan, and Roman Zykov for Russia.   The latest updates to the 2024 ICCA Yearbook are available on Wolters Kluwer: International Arbitration & Mediation: https://lnkd.in/egc6pfDZ.   #NewYorkConvention #ICCAYearbook

Now available! The new 2024 Future Ready Lawyer Survey report from Wolters Kluwer illuminates the trends shaping the legal sector across Europe and the U.S. Gain insight into how the industry is keeping pace with AI, an evolving regulatory landscape, and emerging demands on the legal workforce. Download your free report: https://lnkd.in/eKRFEH6q #legaltech #lawyer #WorkplaceTrends #futurereadylawyer

In updated practical insights, Lorraine de Germiny has provided an in-depth analysis of managing bilingual arbitration proceedings. Lorraine explores the complexities and strategic considerations of conducting arbitrations in multiple languages. She addresses the advantages, such as equal footing for parties to express themselves in their native languages, and the disadvantages, including increased time and costs due to translation needs. Lorraine also discusses essential factors in deciding whether an arbitration should be bilingual, such as the language of the contract, the law governing the contract, and the languages of the involved parties and legal counsel. This guidance is crucial for legal practitioners who navigate the intricate settings of international arbitration where multiple languages are involved. 💡 Practical Insights in #arbitration are available for subscribers. Log in to learn more: https://lnkd.in/gCV4RJtZ 🔗 Not yet a subscriber? Request your free trial and find out more about Lorraine’s analysis and other valuable insights and tools for your daily work: https://lnkd.in/eJmJGaek 🤝 Thank you to the Practical Insights' General Editors, Dr. Fan Yang, Kiran Nasir Gore, Simon Greenberg, and Joshua Karton, for their contributions. #internationalarbitration #disputeresolution #guidance #legaltech

In their recent blog post, Niuscha Bassiri and Laura Denise Jaroslavsky Consoli have provided an overview of the evolving role of arbitral institutions in facilitating settlements during #arbitration proceedings. Niuscha and Laura discuss the increasing trend of parties withdrawing from arbitration before a final award is issued, often due to tribunal facilitated settlements. They highlight the 2021 amendments to the ICC Rules, which empower tribunals to encourage settlements. The authors propose specific provisions to be included in arbitration rules to formalise this trend, such as the scheduling of settlement windows during the arbitration and ensuring that no negative inferences are drawn from a party's willingness to negotiate a settlement. These provisions aim to provide a structured opportunity for settlement without compromising the procedural timetable or the neutrality of the tribunal. The blog post highlights the practical benefits of these proposed changes, including reduced #internationalarbitration costs and time, and increased satisfaction of the parties involved. By incorporating settlement facilitation into the procedural framework, arbitral institutions can better meet the evolving needs of users and promote more efficient and amicable #disputeresolution.

Wolters Kluwer is proud to present a new white paper, 𝘊𝘩𝘦𝘤𝘬𝘪𝘯𝘨 𝘵𝘩𝘦 𝘉𝘰𝘹𝘦𝘴: 𝘊𝘰𝘯𝘧𝘪𝘥𝘦𝘯𝘵𝘪𝘢𝘭𝘪𝘵𝘺 𝘢𝘯𝘥 𝘋𝘢𝘵𝘢 𝘗𝘳𝘰𝘵𝘦𝘤𝘵𝘪𝘰𝘯 𝘪𝘯 𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯. 📃 Today’s businesses generate and exchange greater and greater volumes and variety of data, at an ever-increasing velocity. In #internationalarbitration, parties, their counsel, and even arbitrators and arbitral institutions, face amplified risks of exposing data either unnecessarily, or in violation of confidentiality or data protection obligations that stem from the parties’ agreements, applicable procedural rules, and/or applicable national laws. 💻 This white paper provides key insights for arbitration practitioners who are increasingly exposed to and handling large volumes of client #data. It focuses on confidentiality and data protection requirements, and highlights the approaches adopted by several key jurisdictions and arbitral institutions. ✍ This whitepaper was brought to life by the team of esteemed editors and experts, Katie Chung, Kiran Nasir Gore and Joshua Karton. 🔗 Find out more and download: https://lnkd.in/ebSnCyFB #arbitration #legaltech #disputeresolution #guidance

On 29 October 2024 at 16:00 CET, we will host the Kluwer Arbitration User Forum to share insights into Kluwer Arbitration and its capabilities. Our Senior Product Manager, Yael Hollander De Groot, and Team Lead Content Management, Vincent Verschoor, will be speaking in a one-hour session to: 1️⃣ walk you through Kluwer Arbitration’s newest features; 2️⃣ highlight important content; 3️⃣ provide a sneak preview of what is coming soon. 😶 Not able to join the live session? Register at https://lnkd.in/eJv9ufBP and you will receive a link to watch the replay afterwards. #arbitration #internationalarbitration #legaltech #kluwerarbitration #disputeresolution

Aaron McDonald has provided an overview of the significant changes in the reintroduced Arbitration Bill in the #UK, particularly focusing on the Default Rule and its exceptions. Aaron begins by explaining the Default Rule, which sets the law of the seat as the governing law for #internationalarbitration agreements unless explicitly stated otherwise. This rule was introduced to align with commercial expectations and to ensure a pro-arbitration legal framework in England. However, Aaron highlights a crucial amendment in the reintroduced bill - a carve-out for #arbitration agreements derived from treaties or foreign legislation. This exception aims to address the complexities and potential conflicts that arise when the Default Rule is applied to arbitrations under investment treaties and foreign investment legislation, where the governing law might be #internationallaw or a foreign domestic law. Aaron's analysis sheds light on the nuanced approach the UK is taking to maintain its status as a prime destination for arbitration, balancing #commercialarbitration needs with the specificities of international and foreign state agreements.

We are thrilled to announce that the online version of International Commercial Arbitration by Gary Born has been fully updated and is available on Kluwer Arbitration.   Gary Born, Partner at WilmerHale: “𝘐’𝘮 𝘥𝘦𝘭𝘪𝘨𝘩𝘵𝘦𝘥 𝘵𝘰 𝘢𝘯𝘯𝘰𝘶𝘯𝘤𝘦 𝘵𝘩𝘦 𝘭𝘢𝘵𝘦𝘴𝘵 𝘰𝘯𝘭𝘪𝘯𝘦 𝘶𝘱𝘥𝘢𝘵𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘵𝘩𝘳𝘦𝘦 𝘷𝘰𝘭𝘶𝘮𝘦𝘴 𝘰𝘧 𝑰𝒏𝒕𝒆𝒓𝒏𝒂𝒕𝒊𝒐𝒏𝒂𝒍 𝑪𝒐𝒎𝒎𝒆𝒓𝒄𝒊𝒂𝒍 𝑨𝒓𝒃𝒊𝒕𝒓𝒂𝒕𝒊𝒐𝒏. 𝘛𝘩𝘦 𝘛𝘳𝘦𝘢𝘵𝘪𝘴𝘦 𝘤𝘰𝘯𝘵𝘪𝘯𝘶𝘦𝘴 𝘵𝘰 𝘱𝘳𝘰𝘷𝘪𝘥𝘦 𝘵𝘩𝘦 𝘮𝘰𝘴𝘵 𝘤𝘰𝘮𝘱𝘳𝘦𝘩𝘦𝘯𝘴𝘪𝘷𝘦 𝘢𝘯𝘢𝘭𝘺𝘴𝘪𝘴, 𝘤𝘰𝘮𝘮𝘦𝘯𝘵𝘢𝘳𝘺 𝘢𝘯𝘥 𝘳𝘦𝘴𝘰𝘶𝘳𝘤𝘦𝘴 𝘪𝘯 𝘵𝘩𝘦 𝘧𝘪𝘦𝘭𝘥. 𝘛𝘩𝘦 2024 𝘶𝘱𝘥𝘢𝘵𝘦𝘴 𝘱𝘳𝘰𝘷𝘪𝘥𝘦 𝘯𝘦𝘸 𝘳𝘦𝘧𝘦𝘳𝘦𝘯𝘤𝘦𝘴 𝘢𝘯𝘥 𝘢𝘯𝘢𝘭𝘺𝘴𝘪𝘴 𝘢𝘪𝘮𝘦𝘥 𝘢𝘵 𝘦𝘯𝘴𝘶𝘳𝘪𝘯𝘨 𝘵𝘩𝘢𝘵 𝘱𝘳𝘢𝘤𝘵𝘪𝘵𝘪𝘰𝘯𝘦𝘳𝘴, 𝘢𝘤𝘢𝘥𝘦𝘮𝘪𝘤𝘴, 𝘤𝘰𝘶𝘳𝘵𝘴 𝘢𝘯𝘥 𝘰𝘵𝘩𝘦𝘳𝘴 𝘩𝘢𝘷𝘦 𝘳𝘦𝘢𝘥𝘺 𝘢𝘤𝘤𝘦𝘴𝘴 𝘵𝘰 𝘵𝘩𝘦 𝘮𝘰𝘴𝘵 𝘶𝘱-𝘵𝘰-𝘥𝘢𝘵𝘦 𝘳𝘦𝘴𝘰𝘶𝘳𝘤𝘦𝘴 𝘢𝘯𝘥 𝘥𝘪𝘴𝘤𝘶𝘴𝘴𝘪𝘰𝘯𝘴 𝘰𝘧 𝘢𝘭𝘭 𝘢𝘴𝘱𝘦𝘤𝘵𝘴 𝘰𝘧 𝘪𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘢𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯.”   🚀 The second update cycle for this authoritative 4,250-page, three-volume treatise is completed. Rather than waiting for the next print edition, subscribers can now access the most up-to-date insights online including Gary Born’s latest commentary and analysis on international commercial arbitration, as well as any newly referenced materials that strengthen the arguments in the treatise.   📑 Check out the updated piece at: https://lnkd.in/ePnPNC2K   💡 International Commercial Arbitration is available to Kluwer Arbitration subscribers. Not a subscriber but interested in finding out more? Request a free demo at https://lnkd.in/eMt39V-z #arbitration #internationalarbitration #disputeresolution #legaltech