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These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. The threshold challenge here is to ensure that there is sufficient information in the marketplace to make this kind of requirement workable.
Factual Background The arbitration was initiated in 2012 by HSBC PI Holdings (Mauritius) Limited (“ HSBC ”) against Avitel Post Studioz Limited (“ Avitel ”) and its founder and directors under a Share Subscription Agreement executed in April 2011 (“ SSA ”).
SADC Model BIT Template ), despite acknowledging that “virtually every State” ( SADC, SADC Model Bilateral Investment Treaty Template with Commentary (Southern African Development Community, 2012), p. To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced.
Between 2010 and 2012, Red Eagle acquired the 11 mining titles, which were assigned and registered according to Colombian law. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.
Between 2010 and 2012, Red Eagle acquired the 11 mining titles, which were assigned and registered according to Colombian law. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.
Such framing sets a higher threshold for establishing a violation of FET. In the 2012 SADC Model BIT , the Drafting Committee of SADC advised its member states to replace the FET standard in their BITs with the fair administrative treatment adopted by South Africa. The cited document is the January 2023 draft version of the Protocol.
Facts of the Case The Applicant landlord and Respondent tenant entered a lease agreement (the subject premises being Unit 1 and Unit 2 of The Parnell Centre) on 9 November 2012. In Keenan , the Supreme Court dismissed the set aside application, as the appellant only met the threshold of an arguable case as opposed to that of obvious error.
This clarification ensures arbitration agreements can extend beyond the original signatories, offering more flexibility compared to the 2012 Rules. Future adjustments to QICCA’s threshold remain to be seen. Tribunals, once constituted, are also empowered to order joinder under similar conditions.
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