Kluwer Arbitration

OCTOBER 6, 2024

The first arbitral awards over the matter arising out of the Argentine financial crisis 2001/2002 are prominent for their contradictory outcome (see in particular CMS v Argentina , Sempra v Argentina , Enron v Argentina on the one hand, and LG&E v Argentina on the other hand). A novelty is the approach to the notion of security interests.

Thresholds 52

Thresholds IT Utilities Corruption 52

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

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.

Thresholds 52

Thresholds Influencing Corruption Transparency 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

Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. The Defendant argued that the rare and compelling threshold ought to apply in the case where a party was applying for a stay of its own setting aside application.

Balance 52

Balance Thresholds Purchasing Corruption 52