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.

Balance 52

Balance Participation Impact Assessment Thresholds 52

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.

Balance 52

Balance Participation Impact Assessment IT 52

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. Such framing sets a higher threshold for establishing a violation of FET.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

DECEMBER 11, 2024

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. The Court held that the fact that the Claimant itself was applying for a stay did not alter the threshold as established in Tomolugen.

Balance 52

Balance Thresholds Purchasing Corruption 52