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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investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. 08/L-209 on Sustainable Investments (hereinafter, the “2024 Law on Sustainable Investments”).

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Public procurement (entry for an Encyclopaedia)

How to Crack a Nut

More recently, and in line with developments in other jurisdictions, procurement has been increasingly singled out as a tool to promote environmental and sustainability goals, as well as social goals, or as a tool to foster innovation. This is an area where EU law has recently generated significant developments.

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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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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

This is, in the words of Italy’s diplomacy , “to have secure, stable and predictable supplies at competitive prices for households and businesses, without failing to meet the binding commitment to long-term sustainability…” under the Paris Agreement.

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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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COVID-19: Fundamental Change of Circumstances or Force Majeure? Insights from Portugal

Kluwer Arbitration

At the appeal stage, the Portuguese State successfully sustained that the COVID-19 pandemic should have been considered a force majeure event under the Concession Agreement and that the arbitral tribunal should therefore have excluded the applicability of the change in circumstances institute.

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Friday Flash 10/25/2024

The Coalition for Government Procurement

Sustainable Excellence Award – Presented to a government agency or contractor that has made outstanding contributions that meet the Federal Government’s sustainability goals. James Peake , M.D., NW, Washington, D.C. 20006), but will be offered to both in-person and virtual attendees.