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Revisiting the Indus Waters Treaty: PCA Reasserts Competence

Kluwer Arbitration

India endorsed the request however Pakistan unilaterally retracted this request and proposed that the dispute be referred to arbitration, in 2016. The ICJ rejected the first objection but upheld the second, emphasizing the mandatory nature of negotiation attempts as a precondition for its jurisdiction.

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Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Kluwer Arbitration

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process. billion escrow (approx. 8.5m) and PKR 9.23 billion (approx.

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Delhi Arbitration Weekend 2024: India and the Evolving Nature of Investor State Dispute Settlement

Kluwer Arbitration

He supported this position by referring to India’s termination of 76 of 87 of its BITs in 2016. Ever since then, the Indian government has taken a more cautious approach with the 2016 India Model BIT (“India Model BIT”). Rowley, KC observed that treaties have to be negotiated like contracts.

Balance 52
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LIDW 2024: The Rise of African Arbitration – Is Africa Leading the Way?

Kluwer Arbitration

Over the years, this has led to a huge number of bilateral, multilateral and regional investment treaties being concluded throughout Africa – as of 2016 , there were approximately one thousand such treaties with an African state party. These steps have also been important for intra-African trade.

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Small States and Climate Change

Kluwer Arbitration

The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).

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Europe Embraces a New Dawn of Arbitration in Asia

Kluwer Arbitration

While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.

Ethics 52
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A Never-ending Story? Dual Nationals in Investment Arbitration: A Commentary on Santamarta v Venezuela

Kluwer Arbitration

2019-11, Award dated 31 January 2022; Manuel García Armas et al v Venezuela , CPA 2016-08, Award on Jurisdiction dated 13 December 2019; Enrique Heemsen v Venezuela , CPA 2017-18, Award on Jurisdiction dated 29 October 2019).