Kluwer Arbitration

DECEMBER 28, 2023

He identically argued as a counsel for the same claimant in SGS v Pakistan ( SGS I ) (2003) and SGS v Philippines ( SGS II ) (2004) that the effect of umbrella clause was to convert a contractual claim into a treaty claim. This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

MAY 7, 2024

First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have become a go-to guide for arbitrators, counsel, and arbitral institutions in identifying conflicts of interest and assessing the need for disclosure.

Influencing 52

Influencing Transparency Networking Media 52

Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.

Influencing 52

Influencing Contract Negotiation 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. But these few isolated decisions remain outliers.

Thresholds 52

Thresholds Influencing Corruption Transparency 52