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investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. Kosovo Law No.

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Whistleblower Suits Lead to Massive Rite Aid Settlements Relating to Opioid Dispensing and Reporting Rebates

Whistleblower Network News

According to the government, Rite Aid and its subsidiaries “improperly reported to CMS portions of rebates received from manufacturers as bona fide service fees, even though manufacturers did not negotiate with the defendants to pay such fees.” million and grant the government an allowed, unsubordinated, general unsecured claim of $401.8

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Wait Too Long and You Might Miss Sum-Thing: ASBCA Again Underscores that Failure to Timely Raise Sum-Certain Defense Can Result in Forfeiture Under New Federal Circuit Precedent

Government Contracts Legal Forum

The underlying appeal dated back to 2014, but the government chose to wait until 2020, after earlier negotiations and a nine-day merits hearing, to challenge the Board’s jurisdiction. Army reversed longstanding precedent that a claim must state a “sum certain” for a board or court to exercise jurisdiction over an appeal.

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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. A careful and thorough appreciation of the factual and legal matrix of each dispute and subsequent arbitral award is needed before approaching the courts.

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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.

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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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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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