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Vietnamese Courts’ Perspectives on the Jurisdictional Effects of Non-Compliance with a Tiered Clause – Viewed through the Lens of the Hong Kong Appellate Courts’ Decisions in C v D

Kluwer Arbitration

” 1) Jan Paulsson, “Jurisdiction and Admissibility,” Global Reflections on International Law, Commerce and Dispute Resolution, ICC Publishing, Publication 693, November 2005, at 603. Here, the term “twilight zone” is used to metaphorically illustrate the distinction between issues of jurisdiction and admissibility.

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Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

The Malaysian Arbitration Act 2005 (“the Act”) was previously amended in 2018, aligning it with the revisions of the UNCITRAL Model Law and the evolving practices of leading arbitration jurisdictions. Previously in our blog , there have been discussions concerning whether certain changes should be made to the Malaysian Arbitration Act.

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Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Kluwer Arbitration

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. VR Van Raalte Reclame , 2005). In 2017, CAI granted a license to GBO to use CAI’s trademarks, such as Disney, for the purpose of distributing CAI’s branded shoes in Germany, Austria, and Switzerland.

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English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Kluwer Arbitration

Consistent with the decision in West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA [2005] EWHC 454 (Comm) at [29], it was agreed that English law governed the transferability of MBA’s rights under the sale contract and whether MSI was entitled to bring the claim in its own name. However, the availability of de novo review under s.

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Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. Between 2005 and 2011, Mongolia experienced a substantial increase in foreign direct investment (“FDI”), surging from $187.6 State Department. million to $4.5 million in 2015.

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Yet Another Chapter in the Micula Saga: The EU General Court Confirms the Qualification of the Micula Award as State Aid

Kluwer Arbitration

In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU.

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ITA Americas Initiative Hosts Innovative Forum on Latin American Arbitration in New York

Kluwer Arbitration

Paul also noted that while settlement negotiations leading to the suspension or withdrawal of cases are more common in North American disputes, there is a slow but noticeable increase in such resolutions in Latin America. Differences in negotiating styles, contractual preferences, and overall litigation appetite.