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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

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.

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SCC Arbitration Institute Explores Security for Costs in International Arbitration

Kluwer 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.

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Digital procurement, PPDS and multi-speed datafication -- some thoughts on the March 2023 PPDS Communication

How to Crack a Nut

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.

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Recent Dubai Court of Cassation Judgments: Is Arbitration an Exceptional Means of Resolving Disputes?

Kluwer Arbitration

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.

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Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Kluwer Arbitration

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.

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Enforcing Interim Awards in Pakistan – Finality or Binding?

Kluwer Arbitration

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.,

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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. 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.