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Angel Samuel Seda and Others v Colombia: New Pathways in the Application of Security Exceptions?

Kluwer Arbitration

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). What to Expect for Future Cases?

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Treating Symptoms or Root Causes? The Draft Statute of an Advisory Centre on International Investment Dispute Resolution

Kluwer Arbitration

In practice, there are open questions as to whether an advisory centre can deliver on these demanding expectations. For capital-exporting economies, it offers a means to ease some of developing countries’ concerns about ISDS – and in this way, to shore up a dispute settlement system the perceived legitimacy of which is under growing pressure.

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Chilean Court Blocks Calling of Performance Bonds in Support of Potential ICSID Arbitration

Kluwer Arbitration

As security, Wom issued several on-demand performance bonds totalling approximately USD 50 million. 1 (Provisional Measures) dated 14 August 2002). Background to the Dispute In 2021, Wom S.A., Wom undertook to install a network of antennas and related infrastructure for the 5G technology within a specified timeframe.

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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

Article 36 sets forth the effects of said prohibition: if any mining work is carried out in protected areas, the mining authority may demand its removal and proceed with eviction without additional payment, compensation, or reparation. The views expressed herein are those of the authors, and do not necessarily reflect those of their employer.

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

Article 36 sets forth the effects of said prohibition: if any mining work is carried out in protected areas, the mining authority may demand its removal and proceed with eviction without additional payment, compensation, or reparation. The views expressed herein are those of the authors, and do not necessarily reflect those of their employer.

Balance 52