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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.
Educomp Professional Education IA25949/2015, the Allahabad and Delhi High Courts separately held that interim injunctions and emergency awards were interlocutory in nature and not enforceable as interim awards. CRW Joint Operation 2015 SGCA 30 which was factually similar and did not accept the reasoning in Resort Condominiums’ case.
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 On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. Bolivarian Republic of Venezuela (“ Clorox v.
For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.
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.
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.
The Dispute In March 2015, Dassault entered into an English law sale contract with its Japanese distributor, Mitsui Bussan Aerospace Co Ltd (“ MBA ”), which in turn contracted with the Japanese Coast Guard (“ JCG ”) as the end customer. However, the availability of de novo review under s.
Key Principles of Arbitration Identified By the Seven-Judge Bench In deciding whether unstamped agreements are unenforceable, the Judgment considered the remit of courts at the threshold stage.
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.
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.
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.
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. (
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.
In Keenan , the Supreme Court dismissed the set aside application, as the appellant only met the threshold of an arguable case as opposed to that of obvious error. Finally, Delargy v Hickey [2015] IEHC 436 (Gilligan J) is cited by the Court.
Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. To be clear, the authors take no firm view on whether the arbitrators conduct in DJO reaches this threshold of severe conduct warranting the disclosure of his name.
With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. But fashionably late it was nonetheless.
The Brazilian Superior Court of Justice also addressed the long-standing debate surrounding public entities participation in arbitration before the 2015 amendments to the Brazilian Arbitration Act (reported here ). In ETE Equipamentos de Trao Eltrica Ltda., CEBRAF Servios Ltda. and Schneider Electric Brasil Ltda.
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