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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. The agreements were not drafted, negotiated, or signed by the father or his sons. s birth certificate since 2015. In 2018, A.’s

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2024 PAW: Affaires d’Etats Vol. 3 – Amplifying the Voices of Developing States in ISDS Reform

Kluwer Arbitration

Jaime appeared in their personal capacities. The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Mr. Bigge and Ms.

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Essential Supplies and Services - Procurement Relief for Extreme Urgency

VWV

The procurement regulations permit in cases of "extreme urgency" for a contracting authority to directly appoint a contractor to provide essential works, services and suppliers under the negotiated procedure without a call for competition. There have been many cases where extreme urgency has been argued, but to date none have been successful.

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Small States and Climate Change

Kluwer Arbitration

She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies.

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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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Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators

Kluwer Arbitration

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

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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.