Kluwer Arbitration

NOVEMBER 3, 2023

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.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

MARCH 25, 2024

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

FEBRUARY 14, 2024

The European Commission released a “non-paper” with model clauses for negotiation or re-negotiation of IIAs between Member States and third countries. None are currently in force. According to UNCTAD, only one model agreement was released in 2023.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

MARCH 30, 2024

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).

Efficiency 52

Efficiency Negotiation Buyers Price 52

Import and Trade Remedies

NOVEMBER 13, 2023

Procedure to use WTO Committees The procedure to use WTO Committees functions similar to the WTO negotiating procedure. Participation in Committee procedures and meetings are reserved to Members, i.e., governments. Whether the ASCM permits this interpretation is not clear. [6] Business has no direct access.

Import 45

Import Export Negotiation Price 45

Kluwer Arbitration

JANUARY 14, 2024

Tajikistan —a case where Tajikistan reportedly declined to participate in the arbitration proceedings. Our contributor observed that the difference between litigation and arbitration may account for the divergent results. An undisclosed award was rendered in Schönberger v. Meanwhile, PRC prevailed in AsiaPhos v.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 16, 2024

This is because, based on an Economic Agreement dated 27 September 2012 concluded between the Republic of Sudan and the Republic of South Sudan and a ministerial order of the Republic of South Sudan, it was established that the latter had entered into the licence agreements at issue, including the arbitration clause, as a successor.

Capacity 52

Capacity E-procurement Demand Participation 52