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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investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. Kosovo Law No.

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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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Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

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. While some provisions address investor concerns, the mandatory negotiation period and the resolution council may add layers of complexities.

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Public procurement (entry for an Encyclopaedia)

How to Crack a Nut

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

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

Kluwer Arbitration

These are important considerations for contracting parties negotiating the seat of arbitration in any contract. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

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Vietnamese Courts’ Perspectives on the Jurisdictional Effects of Non-Compliance with a Tiered Clause – Viewed through the Lens of the Hong Kong Appellate Courts’ Decisions in C v D

Kluwer Arbitration

795 “) from the Ho Chi Minh City (“ HCMC ”) People’s Court appears to treat preconditions which mandate settlement through negotiation and mediation prior to arbitration as a matter of “admissibility.” 10/2014/QD-PQTT dated 28 October 2014 (“ Decision No. Nevertheless, Decision No. ↑ 4 Article 68.2(b)

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The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

Kluwer Arbitration

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.