Remove 2017 Remove Balance Remove Corruption
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Worley International Services v. Ecuador: The What, When and How in Corruption Allegations

Kluwer Arbitration

On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.

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2024 PAW: In Search of the Right Balance: The interplay between Human Rights, ESG, Civil Society and Investment Arbitration

Kluwer Arbitration

Gregoire Bertrou turned towards the domestic level and provided an overview of recent developments in France, in particular the “duty of vigilance law” which was introduced in 2017. Suzanne Spears highlighted that protecting the right to regulate was one of the topics covered during the effort to modernize the ECT, which began in 2017.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

The ANM further reiterated this in April, August 2017, and December 2019. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52
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Arbitration With Public Entities in Brazil: Must Regulatory Agencies Participate?

Kluwer Arbitration

In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. In January 2017, the sole arbitrator granted SANESSOL’s requests (“Award”). 2 in March 2017 (“Ordinance”) (i) prohibiting any tariff revisions; as well as (ii) expressly mentioning that the ARSAE (ii.a)

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

The ANM further reiterated this in April, August 2017, and December 2019. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52
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The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

In 2017, SADC issued a revised model BIT , which, like the PIA, provides fair administrative treatment in the place of FET. In the same year, COMESA adopted a slight variation of fair administrative treatment in its 2017 investment agreement. The cited document is the January 2023 draft version of the Protocol.

Balance 52
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How Confidential Is Arbitration In English Law?

Kluwer Arbitration

In other words, although a balancing test is applied to determine the question, the starting position weighs towards publication. To successfully argue otherwise will likely require more than proving an expectation of confidentiality.