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In Eiser , Dr Alexandrov’s partnership in the chamber from 2002 to 2017 was considered. Explicit recognition of this lower threshold in investment arbitration may prima facie appear to have resolved the complication arising out of the interpretation of the term “manifest” in Article 57 of the ICSID Convention.
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. In order (sic) words, public procurement is rich in data, but poor in making it work for taxpayers, policy makers and public buyers.
The Program commenced in January 2017 and was linked with similar programs in California and Québec. Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for activities that emissions trading businesses must undertake in the host State to qualify for investment protection.
993 of 2017 of 4 February 2018, which held that arbitration is an equally valid dispute resolution forum as litigation and Case No. 993 of 2017 The Appellant, a distributor, and the Respondent, a foreign distributor, entered into an agreement on the distribution of a specific range of sports products in various territories.
To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. La Fédération Internationale de Football Association (FIFA) v.
Such framing sets a higher threshold for establishing a violation of FET. In 2017, SADC issued a revised model BIT , which, like the PIA, provides fair administrative treatment in the place of FET. In the same year, COMESA adopted a slight variation of fair administrative treatment in its 2017 investment agreement.
For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.
The ANM further reiterated this in April, August 2017, and December 2019. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Mr. Martínez de Hoz, an arbitrator in this case, dissented.
2017), in which injunctions (including emergency restraining orders) issued in arbitrations were enforced as interim awards. The threshold to challenge an interim award on the basis of its finality is lower in comparison to establishing whether such an interim award is binding or not. This is consistent with Sperry Intern. Trade Inc.,
In 2017, CAI granted a license to GBO to use CAI’s trademarks, such as Disney, for the purpose of distributing CAI’s branded shoes in Germany, Austria, and Switzerland. Facts The arbitration concerned an exclusive distribution agreement for footwear concluded between two companies, the French CAI and the German GBO.
The ANM further reiterated this in April, August 2017, and December 2019. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Mr. Martínez de Hoz, an arbitrator in this case, dissented.
Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. a negotiation period, time limitations, or excluded disputes).
The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed. 15) Vidarbha Industries at [79]. The Supreme Court of India in Mobilox Innovations v.
Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law. Case studies from the UAE further illustrated situations where courts have asserted jurisdiction even in the face of existing arbitration agreements.
As shown above, the case has produced no fewer than three different answers by senior English lawyers and judges on two threshold points of English law: (i) whether English law contains general presumptions regarding the interpretation of contractual prohibitions on assignment; and, (ii) the proper construction of the clause at issue in this case.
With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. The transposition of the 2014 Directives His first government transposed the 2014 Directives fashionably late in August 2017. But fashionably late it was nonetheless.
In Keenan , the Supreme Court dismissed the set aside application, as the appellant only met the threshold of an arguable case as opposed to that of obvious error. This decision demonstrates that applicants in a set aside application carry the burden of meeting an extremely high threshold.
In 2017, the Claimant commenced Arbitration A and Arbitration B for various claims including damages for breach of contract, which were subsequently consolidated. Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy.
Here, the hospital was deemed to become aware of the fraud and forgery when it obtained the criminal file on 19 June 2017, meaning the 4 September 2017 writ of summons was timely. The Singapore High Court, presided by Justice Mohan, dismissed the application, reiterating the high threshold for judicial intervention in arbitration.
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. The report observes that only two of the 23 applications for security for costs yielded success.
Theoretical Approach to Pre-Investment Expenditures Tribunals typically apply a high threshold for pre-investment expenditures under the definition of investment ( McLachlan, Shore, and Weiniger , 2017, p. Expenditures prior to the investment do not create economic value.
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