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Italian Arbitration Day: The Geography of International Arbitration

Kluwer Arbitration

Over time, other players have emerged, such as China, which entered the global economy in 2001 with the U.S. Nigeria arbitral award and the issue of fraud and corruption. Patocchi spoke about the issue of a challenges to awards on grounds of corruption or fraud tainting the proceedings. He referred to Prof.

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The Eco Oro and Red Eagle Awards: Recent Divergence on How to Interpret Fair and Equitable Treatment Clauses Linked to the Minimum Standard of Treatment

Kluwer Arbitration

In recent years, many States have signed investment treaties containing this type of clause based on the US Model BIT (2004), which itself reflects NAFTA case law following the FTC 2001 Note of Interpretation , which clarified that tribunals must apply the MST and no other standard. 444-45, 448-49, 455ff.,

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Inquisitorial Processes, or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?”

Kluwer Arbitration

There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.

Import 98
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Inquisitorial Processes, Or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?

Kluwer Arbitration

There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.

Import 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance 52
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Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

More recent advancements in Mongolia’s international investment initiatives include the Canada-Mongolia BIT (2016) and Japan-Mongolia Economic Partnership Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001) ). In 2020, the mining sector accounted for 21.6%