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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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Essential Supplies and Services - Procurement Relief for Extreme Urgency

VWV

The procurement regulations permit in cases of "extreme urgency" for a contracting authority to directly appoint a contractor to provide essential works, services and suppliers under the negotiated procedure without a call for competition. There have been many cases where extreme urgency has been argued, but to date none have been successful.

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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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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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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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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. It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. In this case, the appellant provided no such evidence.

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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.