Remove 2015 Remove Balance Remove Thresholds
article thumbnail

Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Kluwer Arbitration

To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. Mexico and New York) and because Forbes IP’s anti-suit injunction would be dispositive of the Mexico Injunction.

article thumbnail

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 June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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 June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52
article thumbnail

Climate Litigation and Investor-State Arbitration: Implications of the European Court of Human Rights’ Historic Ruling in KlimaSeniorinnen

Kluwer Arbitration

In KlimaSeniorinnen , the Court confirmed that the threshold under Article 34 ECHR for individual applicants alleging climate-related harm is “especially high.” According to a 2021 study , since the 2015 Dutch court decision (upheld on appeal) in Urgenda v.

article thumbnail

Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

Kluwer Arbitration

b) the Arbitration Act being a self-contained code, its “dependence on other legislations is either absent or minimal,” and (c) balancing party autonomy with referral to arbitration. This makes the Judgment an important exposition of law in the field of arbitration for India.

Import 52
article thumbnail

The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

Such framing sets a higher threshold for establishing a violation of FET. See, e.g., Brazil-India BIT (2020) ; Brazil-Ethiopia BIT (2018) ; Brazil-Malawi BIT (2015).) The third and less common approach followed by some countries such as Brazil is to exclude FET from investment treaties. ( 6, 12-13).

Balance 52
article thumbnail

An In-Depth Examination of Inflation Relief for a Government Contractor

Procurement Notes

” [5] Iron ore prices are down from 2021, but still above 2015-2019 averages. “In For contracts being developed or negotiated during this period of unusually high inflation, an EPA clause may be an appropriate tool to equitably balance the risk of inflation between the Government and contractor. Tenaglia wrote the following.