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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

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.

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A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23)

How to Crack a Nut

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.

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The Eco Oro and Red Eagle Awards: Recent Divergence on How to Interpret Fair and Equitable Treatment Clauses Linked to the Minimum Standard of Treatment

Kluwer Arbitration

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.

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Government Contracts Issues for a Recession

Procurement Notes

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.