2001 Balance Corruption 
Kluwer Arbitration
JUNE 9, 2024
The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”
Kluwer Arbitration
MAY 22, 2024
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.
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Kluwer Arbitration
MAY 24, 2024
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.
Kluwer Arbitration
FEBRUARY 10, 2024
In July 2001, state parties to the North Atlantic Free Trade Agreement (“NAFTA”) issued a joint interpretation , limiting the FET under NAFTA to the minimum standard of treatment under customary international law. States have taken three approaches to prevent what they consider to be an expansive interpretation of the FET.
Kluwer Arbitration
DECEMBER 11, 2024
Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. Accordingly, two issues came before the Court: What were the appropriate legal principles for a case management stay; and On balance, whether the case management stay should be granted.
Kluwer Arbitration
DECEMBER 23, 2024
These included Sections 67 , 68 and 69 of the English Arbitration Act, 1996 ; Section 49 of the Singapore Arbitration Act, 2001 ; Section 11 of the US Federal Arbitration Act, 1925 ; and Section 34A of Australian Model Commercial Arbitration , all of which expressly carve-out powers for the court to vary an arbitral award in limited circumstances.
Whistleblower Network News
FEBRUARY 6, 2025
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