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Arbitration With Public Entities in Brazil: Must Regulatory Agencies Participate?

Kluwer Arbitration

Background The Appeal was filed by SANESSOL, a company that was awarded a public bid for the provision of sanitation services in the City of Mirassol by the Municipality of the city in 2007. In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. Pursuant to Municipal Decree No.

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Article 36 sets forth the effects of said prohibition: if any mining work is carried out in protected areas, the mining authority may demand its removal and proceed with eviction without additional payment, compensation, or reparation. Accordingly, in May 2011, the Von Humboldt Institute issued Resolution No.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Article 36 sets forth the effects of said prohibition: if any mining work is carried out in protected areas, the mining authority may demand its removal and proceed with eviction without additional payment, compensation, or reparation. Accordingly, in May 2011, the Von Humboldt Institute issued Resolution No.

Balance 52
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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

on 6 October 2007, which contained an arbitration clause according to which all disputes arising out of or in connection with the licence agreement were to be settled by a sole arbitrator in Geneva. initiated arbitration proceedings against the Republic of South Sudan on 26 July 2018, demanding payments of USD 3 billion. as licensee.

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Arbitration Agreements and Insolvency Proceedings: Comparing the Pro-Arbitration Perspectives in Singapore, the United Kingdom, and India, and Calling for International Consensus

Kluwer Arbitration

The High Court relied and emphasized on the decisions of the Court of Appeal in Metalform Asia Pte Ltd v Holland Leedon Pte Ltd [2007] 2 SLR(R) 268, AnAn Group (Singapore) Pte Ltd v VTB Bank [2020] 1 SLR 1158 and BWG v. BWF [2020] 1 SLR 1296. 16) Mobilox at [25]. 17) Mobilox at [40]. . ↑ 17 Mobilox at [40]. ↑ 18 At [18].

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Highlights from CanArb Week 2023

Kluwer Arbitration

Professor Daimsis pointed to the 2007 Supreme Court of Canada decision in Dell , where the Supreme Court of Canada enunciated a “ uniquely Canadian ” test for determining when a court should refer jurisdictional questions to a tribunal, first. Follow along and see Kluwer Arbitration Blog’s prior coverage of CanArbWeek here.