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

Kluwer Arbitration

The STJ decision ruled not only on the possibility – and necessity – of a regulatory agency participating in arbitration proceedings between a concessionary and the relevant state entity but also on the limits of extending the effects of an arbitral award over a non-participating third party. Pursuant to Municipal Decree No.

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Reaffirming Arbitration: The Brazilian Superior Court of Justice Decides on the Persistent Debate of Public Entities’ Participation in Arbitration

Kluwer Arbitration

Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at resolving this issue were introduced nearly a decade ago ( see Law No. 13,129/2015 ). FEPASA was later absorbed by Rede Ferroviária Federal (RFFSA), a federal state-owned company. 13.129/2015.

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The 3 revolutions of public procurement in Africa

Open Contracting Partnership

These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. Early reformers in this first revolution were Ethiopia (2005), Ghana (2005), Kenya (2007), Tanzania (2004), Uganda (2003), and Zambia (2006).

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Einarsson v Canada and Data as Asset in Investor-State Dispute Settlement

Kluwer Arbitration

GSI was engaged in extensive litigation in Canada from 2007 to 2017 against authorities and third parties, alleging violations of copyright and trade secrets by Canadian authorities’ disclosure of GSI’s seismic data to third parties (for a more extensive account of the facts, see here ).

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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. as licensor and B. as licensee. The Ministry of Technology of the Republic of Sudan signed an amendment to the agreement with B.

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Glencore v. Bolivia: A Long-Awaited Award Finds Expropriation and FET Breaches by the State

Kluwer Arbitration

More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

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The 2023 SIAC Draft Rules: Raising the Bar for Efficiency

Kluwer Arbitration

One counter is that parties have, by adopting the rules, agreed to consolidating the proceedings in a broader range of scenarios and waived their rights to participate in the tribunal constitution. Nevertheless, this is an important factor for parties to consider when seeking consolidation. USD 715,000, and USD 1,330,00 (approx.).