Kluwer Arbitration

JUNE 9, 2024

The Helow approach is consistent with the statement of principle of the Privy Council in Miller v Dickson [2001] UKPC D 4 : “The appearance that justice is being done is as important as the actual doing of justice. The principle is far too important to allow it to be passed over [….]” The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

JANUARY 22, 2024

This would be in line with article 125 of the Civil Code 19 of 2001 which addresses the interpretation of contracts. This understanding may influence the way courts interpret the parties’ agreement in cases of doubt.

Influencing 52

Influencing Contract IT Corruption 52

Kluwer Arbitration

OCTOBER 2, 2023

A Review Under the Rules of Attribution of Conduct In relation to the first question, guidance can be found in the Draft Articles on Responsibility of States for Internationally Wrongful Acts ( Draft Articles ) adopted by the UN International Law Commission in 2001.

Finance 40

Finance Influencing Capacity Corruption 40

Kluwer Arbitration

JULY 22, 2024

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. But these few isolated decisions remain outliers.

Thresholds 52

Thresholds Influencing Corruption Transparency 52

Kluwer Arbitration

FEBRUARY 15, 2024

The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). 2001-4, Partial Award, 17 March 2006.

Influencing 52

Influencing IT Negotiation Corruption 52

Kluwer Arbitration

MARCH 25, 2024

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include the Canada-Mongolia BIT (2016) and Japan-Mongolia Economic Partnership Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001) ).

Transparency 105

Transparency Negotiation Price Export 105