Remove 2017 Remove Corruption Remove Participation
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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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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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Binding Non-Signatories: Ukrainian Supreme Court Adopts a More Liberal Approach

Kluwer Arbitration

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.

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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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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.

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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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ADR in the Blockchain Ecosystem: A Primer

Kluwer Arbitration

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.