2015 Corruption Thresholds 
Kluwer Arbitration
JULY 26, 2024
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.
Kluwer Arbitration
JULY 2, 2024
This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. Bolivarian Republic of Venezuela (“ Clorox v.
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Kluwer Arbitration
JANUARY 29, 2024
10 and Annex II of Angola-Brazil Bilateral Investment Treaty (BIT) 2015 ; and for an overview of current investor obligations Bueno / Yilmaz Vastardis / Ngueuleu Djeuga , “Investor Human Rights and Environmental Obligations: The Need to Redesign Corporate Social Responsibility Clauses” SSRN ). 1 Netherlands Model BIT 2019 ), CSR clauses (e.g.
Kluwer Arbitration
JANUARY 16, 2024
361/2015, 30 June 2015 José A. Moreno Rodríguez, Altra Legal, ITA Reporter for Paraguay On June 30, 2015, an Asunción Appeals Court revoked a First Instance ruling, which had initially determined that state courts lacked jurisdiction in the case at hand since the parties had agreed to arbitration. Société Kraydon Ltd v.
Kluwer Arbitration
MARCH 29, 2024
Article 54 was said by Spain not to come close to meeting that threshold, because it was not framed as a waiver or submission by Spain to the jurisdiction of any domestic court bar its own. 3) [2000] 1 AC 147. The resolution of this ambiguity across these two leading first-instance decisions is eagerly anticipated.
Kluwer Arbitration
APRIL 29, 2024
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. The same could soon be said of investment tribunals.
Kluwer Arbitration
MAY 22, 2024
In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.
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