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. One such example may be cited with reference to Emmanuel Gaillard. This argument was rejected in both cases.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

SEPTEMBER 16, 2024

However, the Bombay High Court rejected the challenge on the grounds that the circumstances of bias alleged by Avitel did not pass the reasonable third person test, contemplated under General Standard 2(b) of the IBA Guidelines on Conflict of Interest in International Arbitration, 2004 (“ IBA Guidelines 2004 ”).

Thresholds 52

Thresholds IT Corruption Sustainability 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