American Chamber of Commerce in Kosovo的动态

On 15 April, the Commercial Court handed down judgment in Republic of Kosovo v ContourGlobal Kosovo LLC [2024] EWHC 877 (Comm), dismissing a challenge to an ICC award which was brought by the Government of the Republic of Kosovo (GOK) under section 68 of the Arbitration Act 1996. Charles Kimmins KC and Mark Tushingham, instructed by Three Crowns LLP, acted for the defendant, ContourGlobal Kosovo LLC (CG) and successfully resisted GOK’s challenge to the award. The Court’s judgment addressed three key issues: ?? The proper approach to interpreting procedural orders issued by arbitral tribunals; ?? The scope of a tribunal’s duty to act fairly in determining the quantum of damages payable by one party to another; and ?? The evidence which an applicant must adduce in order to establish that it has suffered substantial injustice. https://lnkd.in/eEyaDbqG

Save the date ?? 11 September 2024 ?? ICC Dakar Arbitration Day Join us in Senegal for the first edition of the ICC Dakar Arbitration Day. During this insightful day, industry experts will discuss the topic of ‘International disputes involving states and state-owned entities’ through different panels. More information is coming soon. Keep an eye on our socials for updates ?? #ICCArbitration #ICCCourt

As world is deviating towards Arbitration for disputes settlements. I believe that Pakistan should align their Arbitrary Rules with International Arbitrary Bodies such as ICSID, NewYork Convention 1958, UNCTAD, International Chamber of Commerce (ICC) to provide further enlightenment on how to ameliorate Arbitral procedures in Pakistan

The ICC Prosecutor Karim A. A. Khan KC deserves his flowers for this - perhaps the most significant policy paper ever to come from the Court. Despite all the obvious implementation challenges - at the macro level, the policy is significant because it represents a kind of Copernican Moment for the Court. The Prosecutor positions the ICC as but a star in a constellation of accountability mechanisms (like domestic prosecutions, UJ and even TJ) rather than the center of the universe or, as he put it, “the apex of the international criminal justice movement”. Concretely the policy recognizes that the ICC only functions when domestic and regional accountability mechanisms are doing much of the heavy lifting. The policy fleshes out “complementarity” in quite a “paradigm shifting” way and even includes novel approaches such as: ? Promulgating “situation briefs” to facilitate synergies (and reducing overlap) with domestic and third-party prosecuting authorities, and ? Sharing digital evidence with relevant prosecuting authorities / accountability mechanisms (unprecedented!) The OTP’s new take on Complementarity is in line with the times and tracks perfectly with the work that the Wayamo Foundation has been doing for years in Nigeria, East Africa and Sudan. I’m personally looking forward to pushing the envelope on this and seeing how committed the Court really is to pursuing accountability outside of The Hague. https://lnkd.in/eqaYN3dE

The Supreme People's Court of #China ("#SPC") published ten typical court cases on judicial review of #arbitration proceedings in early 2024. One prominent example concerns the recognition of the validity of an arbitration agreement on arbitration administered in China by a foreign arbitration institution. Previous judgements of the SPC in 2022 had already stated that arbitral awards issued by foreign arbitral institutions in China are considered Chinese domestic awards and not foreign arbitral awards. ?? For our expert Dr. Guang Li, these precedents indicate the SPC's current stance and, as a result, recommendations for action, especially in Chinese-foreign business relationships. ?? https://lnkd.in/d9DAp99b

#CDHAlert | In today's alert, Veronica Connolly talks about international arbitration: A comparison of the rules of selected arbitration institutions in Africa and Europe. Traditionally, many disputes involving African parties have been resolved by international arbitration at key arbitral centres in Europe. However, Africa also boasts well-established international arbitration institutions and contracting parties have the choice of a wide range of arbitral institutions that provide specialised arbitral services. Click here to read more - https://bit.ly/4bHOcKB #Arbitration #Disputes #Institutions #ArbitralServices #Africa #Europe

Enforcement of Foreign Arbitral Awards: The Public Policy Conundrum??? In international arbitration, public policy can act as both a shield and a sword. While meant to protect national interests, it often complicates the enforcement of foreign arbitral awards in India. Our latest analysis delves into the evolving judicial interpretation of public policy under the Arbitration & Conciliation Act, 1996, and how recent amendments seek to balance global standards with local interests. Key insights: Impact of judicial intervention ?? Role of the 2015 amendment in limiting challenges based on public policy ?? Historical cases shaping the current stance ?? Read the full article to explore how public policy continues to influence India’s arbitration landscape: https://lnkd.in/daZpivBC #Arbitration #ForeignAwards #PublicPolicy #InternationalLaw #LegalInsights #DisputeResolution

Neil Campbell, Guy Pinsonnault and Joshua Chad provide an in-depth analysis of the legal and practical aspects of competition inspections in Canada in the 2nd?edition of Concurrences’ Competition Inspections in 25 Jurisdictions Guide. The Canadian chapter covers: ? The Nature and Scope of Competition Inspections? ? The Legal Basis for the Inspection? ? The Start of the Inspection? ? Responding to a Search? ? Judicial Review Read more here: https://bit.ly/4auZGBl #Canadalaw #competitionlaw

Joanna Kolber, partner in our Dispute Resolution practice, co-authored a note in the Revue de Droit Commercial Belge - Tijdschrift voor Belgisch Handelsrecht - RDC - TBH 2023/9 edition, published by Larcier-Intersentia. ?? Her article is entitled "Over het aantonen van een invloed op de arbitrale sententie en de verplichting tot gedeeltelijke vernietiging" ?? The note gives insights on partial annulment of arbitral awards and on the requirement of the impact on arbitral awards of the violation of the rights of defence, in order to successfully pursue the annulment of the award. Please find the full article on pages 1214 to 1222 of the R.D.C.-T.B.H. 2023/9 or by clicking on the following link ?? https://lnkd.in/g5Y9aNtc #disputeresolution #arbitration #internationalarbitration #strelia #toptieronahumanscale?

???In the latest issue of Business Partners magazine John Kyriakides, Managing Partner at KYRIAKIDES GEORGOPOULOS Law Firm, Member of the Executive Committee and Board of Directors of the American-Hellenic Chamber of Commerce, and Chair of the Chamber’s Legislative Reforms Committee talks about the legal profession in Greece, successful and needed reforms, and the importance of the rule of law to growth, stability and prosperity ?? He underlines: ? Alas, nothing will change if all stakeholders involved with the administration of justice (including lawyers and judges) do not rise to the occasion by realizing how important a truly efficient judicial system is to society and economies in general?. ???Read the entire interview online: https://lnkd.in/d84vCS_r