Remove 2015 Remove Corruption 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

Enforcing Interim Awards in Pakistan – Finality or Binding?

Kluwer Arbitration

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.

Import 52
professionals

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

The End of a Saga: Swiss Federal Supreme Court Upholds Clorox v. Venezuela Final Award

Kluwer Arbitration

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 On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. Bolivarian Republic of Venezuela (“ Clorox v.

article thumbnail

Much Ado About Nothing? – Advocating for Legality Clauses instead of ESG and CSR Investor Obligations in International Investment Agreements

Kluwer Arbitration

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.

article thumbnail

Measuring the benefits of open contracting: Case studies on Mexico, Paraguay, and Slovakia

Curbing Corruption in Government Contracting

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.

Bidder 40
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. (

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. The same could soon be said of investment tribunals.