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.
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.
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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.
Government Contracts Legal Forum
OCTOBER 31, 2023
(Regarding this GAO decision, the Joint Notice notes that GAO interpreted the SBA rule without addressing National Industrial Security Program (NISP) requirements and 32 CFR 2004—or how the two interconnect—“thus adding to the confusion.”)
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.
How to Crack a Nut
OCTOBER 22, 2024
Framing: Directive 2004/18/EC, Directive 2014/24/EU, or it does not matter? One preliminary issue worth highlighting is that the timeline of the case created the issue whether the 2004 or the 2014 procurement Directive applied. In this post, I will focus on issues 1 and 2.
Procurement Notes
MARCH 5, 2024
will eventually ease monetary conditions to influence a lowering of interest rates. [15] And, if bond investors will only purchase Government debt at elevated interest rates, that will influence the interest rates across the wider economy—working against any moves that the Fed. treasuries. [13] 13] , [14] Think of it this way.
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