Remove 2012 Remove Corruption Remove Thresholds
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What the Full Federal Court of Australia Decided, and Did Not Decide, in Republic of India v CCDM Holdings [2025] FCAFC 2

Kluwer Arbitration

For example, the appeal did not resolve a threshold issue concerning the scope of the New York Convention, as addressed below. In July 2012, the Investors commenced arbitral proceedings against India under the BIT administered by the Permanent Court of Arbitration.

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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

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.

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Arbitrator’s Bias as a Ground for Challenging a Foreign Award: The Indian Perspective

Kluwer Arbitration

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 ”).

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Much Ado About Nothing? – Advocating for Legality Clauses instead of ESG and CSR Investor Obligations in International Investment Agreements

Kluwer Arbitration

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.

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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. 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.

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

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.

Balance 52
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The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

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.

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