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Tackling Corruption in the Arbitral Process: Reflections on Nigeria v Process and Industrial Developments Limited

Kluwer Arbitration

Drafting Major Commercial Contracts Involving a State Given the potential exposure of States (and hence public funds) under these contracts, the Judge reiterated the importance of proper professional standards and ethics in the drafting of major commercial contracts involving a State. Inadequate Representation: Should a Tribunal Do More?

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2023 in Review: Climate Change and ISDS – Reshaping Investment Arbitration to Achieve Climate Goals

Kluwer Arbitration

These developments suggest a move towards a more balanced approach between investor rights and states’ environmental duties, potentially leading to significant reforms in investment arbitration, enhancing awareness of its current limitations, especially in addressing climate challenges.

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The Procurement Act 2023’s Kaleidoscopic View of the Public Interest

University of Bristol

From February 2025, it will introduce a new system of procurement regulation that is meant, among other goals, to create flexibility and to allow for a different balancing of competing considerations in guiding procurement in the public interest. It is thus interesting to see how the PA23 has articulated its view of the public interest.

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Worley International Services v. Ecuador: The What, When and How in Corruption Allegations

Kluwer Arbitration

Indeed, corruption-related allegations play an important role in resolving the parties’ dispute. Here, the Tribunal adopted a balanced standard as developed in Sanum v. 2013-13, Award of 12 September 2012, para. However, investment arbitration is rapidly evolving to counteract this phenomenon. Laos (PCA Case No.

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CRCICA Launches New Arbitration Rules 2024

Kluwer Arbitration

Similar to the 2011 Rules, the 2024 Rules continue to be loosely based on the UNCITRAL Arbitration Rules , as revised in 2010 (amended in 2013 and 2021), which leaving a wide room for party autonomy. The methodology of the comparison is explained in the first comment of the first page of the document.

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A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23)

How to Crack a Nut

In 2013 the Slovak Government granted State aid to NFŠ to support the construction of the national football stadium in Bratislava. The State aid Decision made two important explicit points. The initial grant agreement was signed in 2013, but the final grant agreement and AFSA were signed in 2016.

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Remedies When The Government Ceases Paying a Contractor, Grantee, or Cooperatee

Procurement Notes

No Complete Contract Exculpation Overall, it is important to remember that, generally, the Government cannot completely absolve itself of a contract. [54] Here, the important point is that, depending on the circumstances, an APA suit may provide a potential path to redress Agency non-payment where other paths are blocked.