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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. initiated arbitration proceedings against the Republic of South Sudan on 26 July 2018, demanding payments of USD 3 billion.

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The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

Kluwer Arbitration

This would have been the case lacking a timely European initiative to tackle the compatibility of the ECT intra-EU application with EU law within the multilateral framework itself in the interest of energy investors’ legal certainty; an initiative which, as well known, only developed after the 2018 Achmea judgement.

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Small States and Climate Change

Kluwer Arbitration

She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies.

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Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

During my previous tenure as the Director of AIAC from 2010-2018, one of the pivotal moments was the rebranding of the Regional Centre of Arbitration Kuala Lumpur (RCAKL) to Kuala Lumpur Regional Centre for Arbitration (KLRCA) in May 2010 symbolising the Centre’s regional forward-looking growth.

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Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators

Kluwer Arbitration

Background As reported here , the underlying arbitration was brought in 2018 by pension fund Fundação Petrobras de Seguridade Social (“Petros”) against Mosaic Fertilizantes P&K LTDA (“Mosaic”), under the auspices of Centro Brasileiro de Mediação e Arbitragem (“CBMA”). 73/1993 and n.

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Friday Flash 08/16/2024

The Coalition for Government Procurement

As we bid farewell to Tom in his professional capacity, the Coalition extends our heartfelt gratitude for his years of service and wish him all the best in his well-deserved retirement. GSA established its RPA program in 2018 to reduce administrative burden by automating low-value, routine tasks through the use of bots.

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An In-Depth Examination of Inflation Relief for a Government Contractor

Procurement Notes

Nonetheless, from 2013 to 2018, “[y]ear-over-year [wage] growth has mostly ranged between 2% and 3%[.]” [8] So, with recent wage growth of 5.5%, wage growth has been accelerating. Wages and salaries rose 5.7 percent over this period, while the costs of benefits increased 5.3 percent.” [7] Arguably, Mr. Tenaglia’s May 25, 2022 memo.