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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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2023 Year in Review: Human Rights and ISDS – Same Play, Different Actors

Kluwer Arbitration

Notably, the inclusion of provisions regarding anti-corruption, although framed as involuntary, applies only at the domestic legal level, thus avoiding broader discussions around internationalizing binding anti-corruption measures.

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Kluwer Arbitration Blog: Celebrating 15 Years!

Kluwer Arbitration

Roger: Crina, you joined the Blog in 2012 – 12 years ago. A huge success in Edinburgh, the Quiz is a mix of serious and not so serious questions to a select panel of arbitration lawyers and with an active participation of the audience with attractive prizes. These guidelines have served us extremely well.

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2024 PAW: Wake Up (with) Arbitration: Is It Still Allowed to Have Friends?

Kluwer Arbitration

The breakfast debate “Wake up (with) Arbitration” initiated in 2012 by Valence Borgia, Maria Beatriz Burghetto and Caroline Duclercq relaunched on the occasion of the 2024 Paris Arbitration Week. The aim of the “Wake up (with) arbitration!” These debates were covered by the Chatham House Rule.

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Sian v Halimeda: Privy Council Revisits Intersection Between Insolvency and Arbitration

Kluwer Arbitration

On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 , holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement.

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12th ICC Brazilian Arbitration Day: An Open and Honest Conversation about ADR and Arbitration Evolution

Kluwer Arbitration

For example, in 2012, the seven mediation chambers in question received 26 requests for mediation, while in 2021 there were 120 requests. The number of mediation processes initiated went from 22 in 2012 to 90 in 2021. Patrícia Ferraz (Director of Arbitration and ADR – Latam, ICC Court).

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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

Between 2010 and 2012, Red Eagle acquired the 11 mining titles, which were assigned and registered according to Colombian law. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.

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