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

Kluwer Arbitration

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.

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Clean Slate: The Interface Between Arbitration and Insolvency Processes in India

Kluwer Arbitration

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.

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The Implications of Koch v. Canada for Emissions Trading Schemes

Kluwer Arbitration

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.

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Brazilian Superior Court of Justice Rules on the Non-application of the Code of Civil Procedure to Arbitration

Kluwer Arbitration

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.

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Is the “Africanization” of International Investment Law Needed?

Kluwer Arbitration

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.

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SCC Arbitration Institute Explores Security for Costs in International Arbitration

Kluwer Arbitration

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.

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CJEU’s “ISU Decision”: A Nail in the Coffin of Antitrust-Related Arbitration in the EU?

Kluwer Arbitration

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.