Remove 2013 Remove Corruption Remove Negotiation
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Worley International Services v. Ecuador: The What, When and How in Corruption Allegations

Kluwer Arbitration

On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.

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Revisiting the Indus Waters Treaty: PCA Reasserts Competence

Kluwer Arbitration

This led to disputes between India and Pakistan, which were ultimately adjudicated before a PCA Tribunal in the Kishenganga Award on December 20, 2013 (“ 2013 Kishenganga Award ”). The ICJ rejected the first objection but upheld the second, emphasizing the mandatory nature of negotiation attempts as a precondition for its jurisdiction.

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Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Kluwer Arbitration

In reaching this decision, the High Court upheld the approach in Terna Bahrain Holding Company WLL v Al Shamsi [2013] 1 All E.R. These are important considerations for contracting parties negotiating the seat of arbitration in any contract.

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Brexit 2.0: The United Kingdom Leaves the Energy Charter Treaty

Kluwer Arbitration

Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. Amongst the UK’s treaty partners are or also were many of today’s EU member states, mostly those which joined the Union during the 2004, 2007, and 2013 enlargements towards Eastern Europe and the Western Balkans.

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LIDW 2024: Shifting Attitudes Towards Third Party Funding – Views From Across the Globe

Kluwer Arbitration

Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question. Mr Thakerar was of the opinion that costs should be recoverable and deplored a 2013 legislative change in the UK whereby success fees are no longer recoverable.

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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

The agreements were not drafted, negotiated, or signed by the father or his sons. s claim for the grant of a casino licence for the period from 13 September 2013 to 13 September 2028 in the first arbitration was not directed against A., The SFSC found that the sole arbitrator rightly affirmed his jurisdiction. Firstly, B.’s

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

Kluwer Arbitration

The European Commission released a “non-paper” with model clauses for negotiation or re-negotiation of IIAs between Member States and third countries. Second, the issue of amicus submissions in the context of alleged corruption assumed particular significance in 2023, especially compared with prior years.