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The STJ decision ruled not only on the possibility – and necessity – of a regulatory agency participating in arbitration proceedings between a concessionary and the relevant state entity but also on the limits of extending the effects of an arbitral award over a non-participating third party.
The Program commenced in January 2017 and was linked with similar programs in California and Québec. KS&T was a market participant in OCTP with tracking accounts for emission allowances in Ontario and California. Canada Award will have implications for cross-border participation in these mechanisms. The Koch v.
Background In 2017, Indian Oil issued a notice of arbitration against Essar under a gas supply agreement (“ GSA ”). The resolution professional admitted the claim at a notional value of INR 1 (approximately USD 0.012) to ensure Indian Oil’s participation in the insolvency process.
These codes were significantly amended at the end of 2017 and now oblige the courts to adopt a pro-arbitration approach to the resolution of issues concerning the validity and enforceability of the arbitration agreement.
A Clear Objective to Promote African States’ Interests and Participation in Dispute Settlement Mechanisms 1. Provisions Promoting African States’ Participation in Dispute Settlement The Model BIT and the Investment Protocol also contain provisions to promote Africa’s participation in dispute settlement mechanisms.
The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. countries, are by far the most vocal participants in the discussions. Canada and E.U.
In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.
Privacy and Third-Party Scrutiny While the public interest inherent in litigation generally allows for some degree of public participation in proceedings, ADR avenues provide far greater scope for privacy. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir.
The ANM further reiterated this in April, August 2017, and December 2019. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.
GSI was engaged in extensive litigation in Canada from 2007 to 2017 against authorities and third parties, alleging violations of copyright and trade secrets by Canadian authorities’ disclosure of GSI’s seismic data to third parties (for a more extensive account of the facts, see here ).
The ANM further reiterated this in April, August 2017, and December 2019. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.
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.
As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services. AFSA’s statistics bear this out.
The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. As of 2025, the system could establish links with additional external data sources ’ (at 2).
The panel discussion covered three topics: participants introduced their respective jurisdiction’s stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum.
However, the father and his sons were involved in the implementation of the loans as they participated in the decisions on the investments to be made with the funds in question, personally benefited from part of these funds and actively participated in the discussions on the repayment of the loans in the context of the French tax procedure.
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).
In 2017 the heirs, having failed to persuade the UK government to appoint a person to perform the Consul-General’s role, gave notice of arbitration. The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. Both vested in Malaysia on independence.
Several participants voiced concerns about the length of the arbitration process and sought advice on streamlining proceedings without compromising on fairness and thoroughness. Case studies from the UAE further illustrated situations where courts have asserted jurisdiction even in the face of existing arbitration agreements.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 13) Telnic at [29]-[32]. 14) Vidarbha Industries Power Ltd. 15) Vidarbha Industries at [79]. Kirusa Software Pvt.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
As Black History Month transitions into Women’s History Month, WNN highlights Dr. Toni Savage, Bunny Greenhouse, and Dr. Duane Bonds, whose outspoken whistleblowing activity against corruption led to significant change. In 2017, Dr. Savage spoke on her experience blowing the whistle as a keynote speaker at National Whistleblower Day.
Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption. AWS cloud computing has helped train 200,000 Canadians in technical skills since 2017. L’infonuagique AWS a aidé quelque 200 000 Canadiens a acquérir des compétences techniques depuis 2017.
In 2017, the tribunal concluded that it did not have jurisdiction ratione materiae over the claimants’ expropriation claim. These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources. The tribunal awarded $80 million in damages.
Modern arbitration practices allow non-parties to engage meaningfully through mechanisms like joinder and consolidation, addressing most concerns about the impact on non-participating parties. In 2017, the Court of Appeal held that since Seychelles had repudiated the Convention, it was not enforceable.
Once again, Respondent did not formally object to the translator’s participation. As Usimec had not raised any objections at the appropriate time, either during or after the hearing, the STJ concluded that the translator’s participation, under the terms agreed upon by the parties, did not breach such principles.
On December 2 and 3, 2024, the International Chamber of Commerce (“ICC”) hosted the 22nd ICC Miami Conference on International Arbitration, which brought together over 800 participants from all over the world to discuss critical developments in international arbitration in Latin America, making it the largest ICC conference ever held.
Cost incentives often drive the participation in arbitral proceedings. Earlier this year, the SCC released a practice note on security for costs , a thorough analysis of 23 applications for security for costs and their prospects of success in commercial cases administered by the SCC between 2017 and 2022.
More specifically, the dispute arose out of the conclusion and performance of a settlement agreement signed by the parties on 28 April 2005, which was meant to resolve the parties’ differences relating to their participation in a consortium established in the 1990s.
The federal government is trying to help; in 2017 the Department of Homeland Security declared election infrastructure part of the nation’s critical infrastructure sectors, and the Cybersecurity and Infrastructure Security Agency (CISA) created a dedicated program providing resources to state and local governments to protect their election assets.
The court rejected the application, holding that Defendant de facto waived its right to raise objections when it did not timely object to the non-notification promptly but participated in subsequent arbitral procedures. Korea Rail Network Authority v. Samsung Engineering Co.,
The dissenting arbitrator, Professor Guido Santiago Tawil, disagreed with the majority, considering the special status granted to the claimant to be of economic value, and its relationship with the state to be more substantial than a simple participant in the [p]ublic [t]ender ( Dissenting Opinion , para 12).
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