Kluwer Arbitration

MAY 22, 2024

Therefore, on March 21, 2018, Red Eagle initiated an ICSID arbitration claiming compensation for damages that allegedly exceeded CAD$ 110,000,000. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

FEBRUARY 10, 2024

See, e.g., Brazil-India BIT (2020) ; Brazil-Ethiopia BIT (2018) ; Brazil-Malawi BIT (2015).) The PIA, which came into effect in 2018, introduced several changes. The third and less common approach followed by some countries such as Brazil is to exclude FET from investment treaties. ( 6, 12-13).

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

MAY 24, 2024

Therefore, on March 21, 2018, Red Eagle initiated an ICSID arbitration claiming compensation for damages that allegedly exceeded CAD$ 110,000,000. This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

AUGUST 28, 2024

This approach arguably struck a sensible balance between party autonomy and due process considerations. The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) introduced, in 2018, an Administrative Resolution regulating the proceeding of the Emergency Arbitrator, which was updated in 2020.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

MARCH 20, 2024

Not only is it now one of the busiest international arbitral institutions (with 900 cases per year on average), but it also ensures the rendering of effective awards under its aegis, as confirmed by the Swiss Federal Tribunal (SFT) in 1993 in the Gundel case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

OCTOBER 15, 2024

However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. This is because there is still a need to supply conventional energy to ensure energy affordability, security, and sustainability of supply while the energy transition occurs.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

SEPTEMBER 23, 2024

How do you balance the multiple competing demands on your time? The answer of my family and my assistants concerning the balancing would probably be: not very well. So far, it has worked … but there is definitively room for improvement. The last three years, after taking over the chairmanship at the DIS have been challenging.

Supply Chain 52

Supply Chain Supplier Participation Balance 52

Kluwer Arbitration

JANUARY 17, 2024

The Defendant then issued a statutory demand pursuant to section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 for claims awarded under a partial final award (the “ PFA ”). 13) Telnic at [29]-[32]. 17) Mobilox at [40]. Subsequently, in K. M/S Vijay Nirman Company Pvt. 18) At [18]. . ↑ 17 Mobilox at [40].

Thresholds 52

Thresholds Bidding Demand Distribution 52

Kluwer Arbitration

OCTOBER 9, 2023

The Honourable Wayne Martin AC KC is an arbitrator, mediator, and former Chief Justice of Western Australia (2006-2018). Do you think the balance is right in Australia? As Chief Justice, Mr Martin was a notable pioneer, particularly for his creation of the Supreme Court of Western Australia’s Arbitration List.

Efficiency 52

Efficiency Balance Management Integrity 52

Kluwer Arbitration

NOVEMBER 11, 2023

The panel’s analysis focused on the toolbox offered by Annex 3 of the 2018 DIS Rules (“ Annex 3 ”). There was a need for and a benefit in publishing awards ( e.g. , for research purposes), but the right balance between transparency and the right to confidentiality had to be found.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

DECEMBER 14, 2023

In 2018, I joined the Board of Directors of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and in December 2020, I was appointed as Chairman of the LACIAC Board of Directors. Please give our readers a concise introduction about yourself and the path that led you to assume the role of Chairman of LACIAC?

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

APRIL 20, 2024

The other group suggested enhancements and more pronounced checks and balances of the existing arbitration system. In 2018 the Court of Justice of the European Union (CJEU) issued the Achmea judgment, in which it declared the incompatibility of investor-state arbitration clauses in BITs between EU Member States with EU law.

Ethics 52

Ethics Balance Corruption Transparency 52

How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

NOVEMBER 4, 2023

billion in 2018. Yu addressed recent innovations and proposed changes in ISDS arbitration to restore the public nature and enhance the effectiveness of the ISDS mechanism while considering a more fair and balanced procedural framework. The total sum in dispute with Philippine parties in 2021 was USD 1.9 billion and USD 1.7

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

MARCH 2, 2025

On 6 November 2018, the investor obtained a second enforcement order. Accordingly, it ruled that the request dated 6 November 2018 was time-barred, as the award had been issued on 30 July 2013. This example illustrates that there is room for more flexibility, while creating a more balanced bargain between the parties.

Balance 59

Balance Efficiency Corruption IT 59

Kluwer Arbitration

MARCH 25, 2025

The Lahore High Courts recent judgment in SpaceCom International, LLC v Wateen Telecom Ltd 2024 LHC 5494 (SpaceCom) is a landmark pronouncement that seeks to establish a balanced and principled interpretation of the New York Convention (the Convention). v Acro Textile Mills Ltd PLD 2018 Lahore 597 ( Louis Dreyfus )).

Balance 52

Balance Efficiency IT Media 52

Kluwer Arbitration

MARCH 19, 2025

In other parts of the world, international arbitration frameworks, such as the UNCITRAL Model Law on International Commercial Arbitration (2018) , emphasize party autonomy while acknowledging the need to protect weaker parties, such as consumers, from unfair terms. Best Travel Ltd [1993] 1 All E.R.

Networking 52

Networking Contract Transparency Influencing 52

Kluwer Arbitration

FEBRUARY 18, 2025

This post first examines the gender balance and emerging arbitration hubs in Africa (Section 1). More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata 190

Collaboration 52

Collaboration Balance Data Negotiation 52

Kluwer Arbitration

FEBRUARY 14, 2025

This proposal has raised concerns about undermining the legitimacy of the arbitration process and whether it strikes the right balance between party autonomy and the supervisory role of courts. This is an important acknowledgement that India’s Model BIT 2016 did not strike the right balance between the rights of states and investors.

Balance 52

Balance Finance Government Government 52

Kluwer Arbitration

FEBRUARY 14, 2025

This proposal has raised concerns about undermining the legitimacy of the arbitration process and whether it strikes the right balance between party autonomy and the supervisory role of courts. This is an important acknowledgement that India’s Model BIT 2016 did not strike the right balance between the rights of states and investors.

Balance 52

Balance Finance Government Government 52

Kluwer Arbitration

JANUARY 23, 2025

Since its establishment in 2018, TIAC has handled nearly 70 cases involving parties from Uzbekistan and beyond. Concluding Remarks As arbitration continues to evolve across East and Central Asia, various jurisdictions are balancing modernization with local legal and political considerations.

Ethics 52

Ethics Influencing Innovation Efficiency 52

Kluwer Arbitration

DECEMBER 23, 2024

Ansaldo Energia (2018), the party was restrained from encashing certain bank guarantees, though the arbitral tribunal had directed the same. Most crucially, the SC will have to decide whether and how the power to do complete justice under Article 142 should be balanced with the restrictive construct of Section 34. In MP Generation v.

Engineering 52

Engineering IT Balance Import 52

Kluwer Arbitration

FEBRUARY 5, 2025

Another key update in this regard is the substantive revision of investment protection provisions, which now better balance investor rights with the right of Contracting Parties to regulate within their territories. On 27 November 2018, the Conference approved a list of topics for the negotiations on the modernisation of the ECT.

Negotiation 52

Negotiation Sustainability Contract Finance 52