2017 Balance Corruption 
Kluwer Arbitration
APRIL 2, 2024
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.
Kluwer Arbitration
NOVEMBER 3, 2023
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)
Kluwer Arbitration
AUGUST 25, 2024
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.
Kluwer Arbitration
FEBRUARY 8, 2024
Following complaints lodged by two athletes, the European Commission (“Commission”) adopted a decision on December 8, 2017, concluding – in essence – that the ISU’s eligibility rules violate EU antitrust law and that the corresponding arbitration clause “reinforces” such violation. The ISU applied for annulment of the Commission’s decision.
Kluwer Arbitration
MARCH 17, 2024
Procedural History In 2017, Deutsche Telekom AG (“DT”) successfully obtained an interim award on jurisdiction and liability (“Interim Award”) against India in a Geneva-seated UNCITRAL arbitration under the Germany-India Bilateral Investment Treaty (“BIT”). 13 and SICC decision , para.
Kluwer Arbitration
OCTOBER 17, 2024
From a government perspective, Ms Kautoke noted that a primary aim behind the international arbitration reform in Tonga has been to encourage trade and investment, however this is balanced with the need to protect local businesses. Fiji’s international Arbitration Regime—A Trailblazer?
Kluwer Arbitration
OCTOBER 9, 2023
Do you think the balance is right in Australia? I am confident that an appropriate balance can be struck between the publication of those parts of awards which involve the determination of legal issues of potentially broader application, and the maintenance of party confidentiality. Past interviews are available here.
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