Wolters Kluwer: International Arbitration & Mediation

In their blog post, Rostislav Kats and Anastasiia Riabova delve into a landmark ruling by the Russian Supreme Court on the #recognition and #enforcement of foreign arbitral awards. ❓ The post examines a case where the Court denied enforcement of an arbitral award favoring a German company against a Russian entity, citing the arbitrators' nationalities from "unfriendly" states. This ruling introduces a rebuttable presumption of bias based solely on nationality, without considering the arbitrators' actual conduct or connections. The authors highlight the Court's broad interpretation of public policy, which could significantly impact future arbitration involving Russian parties. 📑 The authors also discuss the implications of this ruling for the arbitration community. They emphasise the need for careful selection of arbitrators and arbitral institutions, suggesting that parties should avoid appointing arbitrators from "unfriendly" states when dealing with Russian entities. The authors recommend thorough background checks and meticulous record-keeping to counter any claims of procedural impropriety or lack of due process. 🎯 This ruling underscores the need for strategic foresight in arbitration involving Russian entities, particularly concerning the selection of arbitrators and arbitral institutions. Practitioners should be aware of the evolving geopolitical landscape and its potential effects on the enforceability of arbitral awards in Russia. #arbitration #internationalarbitration #disputeresolution

We are pleased to invite all the #arbitration minds to a webinar hosted by Wolters Kluwer on 24 September, 𝘐𝘯 𝘵𝘩𝘦 𝘏𝘰𝘵 𝘚𝘦𝘢𝘵: 𝘖𝘳𝘤𝘩𝘦𝘴𝘵𝘳𝘢𝘵𝘪𝘯𝘨 𝘌𝘧𝘧𝘦𝘤𝘵𝘪𝘷𝘦 𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯 𝘏𝘦𝘢𝘳𝘪𝘯𝘨𝘴. Esteemed industry experts, Douglas Jones AO, Dina Prokic and James Hosking, moderated by Simon Greenberg, will discuss the intricacies of conducting effective #internationalarbitration hearings. 🎯 This session is designed to equip practitioners with practical strategies and advanced techniques for navigating every phase of the hearing process- from pre-hearing organisation and opening statements to closing arguments in both physical and virtual hearings. 🚀 The webinar will provide valuable insights on optimising the substantive value of hearings and managing the thorny issues that can arise - don't miss it! 🔗 More info and registration at https://lnkd.in/eMZBgPBv. Can't make it? Register and get access to the replay! 💡 #disputeresolution #webinar #guidance

We at Wolters Kluwer were proud to participate in the prestigious Congresso Internacional de Arbitragem (International Arbitration Congress), hosted by the Comitê Brasileiro de Arbitragem - CBAr 🌟. This year marks the 21st edition of the 𝘙𝘦𝘷𝘪𝘴𝘵𝘢 𝘉𝘳𝘢𝘴𝘪𝘭𝘦𝘪𝘳𝘢 𝘥𝘦 𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘨𝘦𝘮, CBAr's longest-running project to date. With contributors from all over the world, the Revista truly offers valuable insight and analysis through an international lens, not just for Brazil. To be the chosen partner for these important works for the #internationalarbitration community is an honour and something we are very proud of. #arbitration #brazil #disputeresolution

Wolters Kluwer is proud to launch 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

In a recent blog post, Boris Prastalo has provided an insightful analysis of the challenges and implications of integrating Artificial Intelligence (#AI) into arbitration, focusing on the "black box" problem. 🖥 Boris delves into the complexities of AI in #arbitration, particularly the issue of the "black box" problem, where the reasoning process of AI remains opaque. He discusses the current legal framework, which mandates reasoned awards, and how this requirement conflicts with the nature of AI systems that do not inherently explain their decision-making process. 🤖 Boris explores the concept of "Explainable AI" as a potential solution, but notes the trade-offs between transparency and the performance of AI. He also presents a hypothetical scenario to question whether the arbitration community would accept AI-generated decisions without full transparency, especially considering the potential benefits of AI, such as cost-efficiency and speed. 💡 In conclusion, Boris suggests that while the "black box" problem presents a significant challenge, there may be room for AI arbitrators within the existing legal framework if parties agree to forgo traditional reasoning. He proposes that ex ante measures could help address transparency concerns, and provocatively posits that AI arbitrators might ultimately be less of a "black box" than human decision-makers. 🔗 Learn more about the latest tech developments in #internationalarbitration in the Arbitration Tech Toolbox series - https://lnkd.in/eK-Y_bsi! #legalteach #disputeresolution

We are pleased to invite participants of the International Bar Association's 2024 Conference to Meet & Greet with Prof. Dr. Eckart Brödermann. 📅 Mark your calendars for Monday 16 September and join us during the morning coffee break from 10.45-11.15 at booth 37&38 🌟 and meet Prof. Brödermann, author of the UNIDROIT Principles of International Commercial Contracts (https://lnkd.in/gQpwQFeT). #IBA2024 #internationalarbitration #arbitration #disputeresolution #conference

In the new Practical Insights, the global Linklaters team has provided an overview of the critical interplay between international arbitration proceedings, data protection and cybersecurity. The authors emphasise the heightened risks and potential impacts of cyber incidents on #arbitration, especially in light of the increased digitalisation and remote interactions necessitated by recent global events, such as the COVID-19 pandemic.   Linklaters’ detailed analysis underscores the importance of proactive cybersecurity measures and data protection compliance across all stages of arbitration. The authors highlight the potential for #cyberattacks to disrupt proceedings, compromise sensitive information, and even influence the outcomes of disputes. They also provide actionable guidance for legal professionals to navigate the complex web of #dataprotection laws, implement robust security protocols, and manage the risks of cyber threats effectively.   The comprehensive overview of this legal issue, together with the comparative notes, has been produced by:   ⭐ Editing and collecting all the notes: ·  Juan Manuel Sánchez Pueyo & Richard Hansen, with special thanks to Lois Martin   ⭐ Main topic pages: ·  Clara Tung, Katrien Baetens & Kimberley Pardailhe-Galabrun   ⭐ Notes on jurisdictions and institutions: ·  Lois Martin (Belgium, England & Wales, Netherlands, Sweden, UAE, CEPANI, DIAC, ICC, LCIA, NAI & SCC) ·  Helen Liang (China & CIETAC) ·  Tara Braulotte (France) ·  Hannes Ingwersen (Germany & DIS) ·  Vivien Li (Hong Kong & HKIAC) ·  Francesco Amatori (Italy) ·  Katrien Baetens (Luxembourg & LAC) ·  Charlene Valdez Warner & Santiago Dutra Bado (United States of America & ICDR) ·  Clara Tung (Singapore & SIAC) ·  Switzerland & SCAI – by the Linklaters team ·  Carmen Gimeno Vilarrasa & Sofía Vicente Mazzuz (Spain) · Mateo Noseda & Santiago Dutra Bado (ICSID & UNCITRAL) 💡 Practical Insights in #internationalarbitration are available for subscribers. Login to learn more: https://lnkd.in/gCV4RJtZ 😦 Not yet a subscriber? Request your free trial and find out more about Linklaters’ 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 contribution. #practicalguidance #legaltech #disputeresolution

📢 The South-Eastern Europe Arbitration Conference (SEEA) is back for its second edition! Join the conference on 26 September 2024 in Vienna for a day of enriching discussions, insightful panels, and networking opportunities. This year, the conference will delve into the current trends in international #arbitration in South Eastern Europe, focusing on navigating geopolitical shifts, regulatory dominance, and the emergence of #AI. As digital transformation, #climatechange, and #publicpolicy concerns shape the legal landscape, it is crucial to ensure that arbitration remains a pillar of justice and stability in the region. Take advantage of this exciting event! 🔗 Find out more about the programme and register at https://lnkd.in/eY7kfpNr #conference #vienna #disputeresolution #internationalarbitration

In their recent blog post, Alexandra Schluep and Roelien Van Den Berg (Avizor Advocates & Arbitrators) have provided an overview of the Dutch Supreme Court's decision on the binding nature of pre-arbitration mediation clauses. 📃 The Supreme Court clarified that #mediation clauses in multi-tiered dispute resolution agreements can be binding, depending on their interpretation. The ruling stemmed from a case where a party initiated arbitration without attempting mediation as stipulated in their contract. 👨⚖️ The Court of Appeal found no binding obligation to mediate, and the Supreme Court upheld this, emphasising that non-compliance with a mediation clause does not affect an arbitration tribunal's jurisdiction. The tribunal may stay proceedings to allow for mediation but is not required to do so. The decision underscores the importance of the contract's interpretation in determining the obligations under a mediation clause and the discretionary power of arbitrators in dealing with such clauses. 💡 In conclusion, the Supreme Court's ruling reinforces that while mediation clauses can be binding for professional parties, it ultimately depends on the specific contract language. The decision also highlights the arbitrators' discretion in managing cases involving mediation clauses, reminding practitioners of the critical nature of precise drafting in #disputeresolution agreements. #netherlands #arbitration #internationalarbitration

🌟 Wolters Kluwer is looking forward to joining the prestigious International Bar Association (#IBA) Annual Conference in Mexico City! 🌟 This is the premier event for legal professionals to network, exchange ideas and advance the development of international law in business and society, and we are extremely proud to be a part of it. 💻 Join us in our booth #37-38 to hear insights and updates about our products and meet our distinguished team members Diana von Glahn, Manos Grammatikas, Stephen Halbrook, Rostislav Kats, Sheena Nathwani, Randheer Ponnamkunnath and Christine Robben. Looking forward to connecting with fellow experts and shaping the future of law! 🚀 #mexicocity #internationallaw #iba2024 #disputeresolution #arbitration #IPlaw #competitionlaw #antitrustlaw #tax #taxlaw