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Evolution of Kosovo’s Investment Arbitration Law: Defining the Foreign Investor and the State’s Role in Arbitration

Kluwer Arbitration

04/L-220 on Foreign Investment (hereinafter, the “2014 Law on Foreign Investment”), which safeguarded foreign investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. Kosovo Law No.

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Public procurement (entry for an Encyclopaedia)

How to Crack a Nut

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

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I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”

Insurance 104
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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

This part of the dispute concerned the definition of ‘public works contracts’ under Directive 2014/24/EU (issue 1). Framing: Directive 2004/18/EC, Directive 2014/24/EU, or it does not matter? The agreement foresaw that, at the end of the project, ‘Any excess on that balance sheet is to be paid to the municipality.

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AI & sustainable procurement: the public sector should first learn what it already owns

University of Bristol

Accessing information on contract execution and any contractual modifications has been nigh impossible until the very recent implementation of the increased transparency requirements imposed by the EU’s 2014 Public Procurement Package. Available on SSRN: [link].

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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

In December 2014, Colombia’s national environmental authority issued Resolution 2090 , delimiting the Santurbán Páramo in an almost identical area as the one contained in the 2007 Páramo Atlas, which overlapped with the area of Red Eagle’s mining titles.

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

In December 2014, Colombia’s national environmental authority issued Resolution 2090 , delimiting the Santurbán Páramo in an almost identical area as the one contained in the 2007 Páramo Atlas, which overlapped with the area of Red Eagle’s mining titles.

Balance 52