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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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Three Black Women Whistleblowers That Broke Silence and Caused Sweeping Reforms

Whistleblower Network News

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.

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2025 PAW: The Growing Influence of Criminal Law in International Arbitration

Kluwer Arbitration

First, how arbitration engages with criminal lawparticularly the way tribunals handle corruption allegations and other criminal issues that arise during proceedings. ramping up enforcement of the Foreign Corrupt Practices Act (FCPA), triggering high-profile investigations and hefty penalties for cross-border bribery.

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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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Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

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.

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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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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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