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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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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.

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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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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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KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 6 (June 2022)

Kluwer Arbitration

XX/2014 (Operator v. Since the negotiations turned out unsuccessful, the Claimant filed with the RAC to recover the debt under the contract and the late payment interest under the Thailand Civil and Commercial Code. Second Industry Operator (Award), CRCICA Case No. 1090/2016 (First Industry Operator v.

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India ADR Week 2023 Spotlight: Investor-State Disputes

Kluwer Arbitration

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts. Louis Dreyfus Armatures SAS & Ors , 2014 SCC OnLine Cal 17695.

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The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

In 2014, South Africa terminated its BITs with six European countries and in 2015 passed the Protection of Investment Act (“PIA”) , which will eventually replace all BITs. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force.

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