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

Kluwer Arbitration

initiated arbitration proceedings against the Republic of South Sudan on 26 July 2018, demanding payments of USD 3 billion. The agreements were not drafted, negotiated, or signed by the father or his sons. In 2018, A.’s The parties waived their right to appeal and agreed that the arbitral award would be final and binding.

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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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Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?

Kluwer Arbitration

Until a decade or so ago, a major concern of courts faced with Med-Arb clauses or negotiation-then-arbitration clauses in commercial contracts, especially in common law jurisdictions, was whether the negotiation or mediation obligations were sufficiently certain to create contractual obligations.

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Recent Developments in Hong Kong Arbitration

Kluwer Arbitration

Subsequently, the Hong Kong International Arbitration Centre (“HKIAC”) amended its 2018 Administered Arbitration Rules (the “2018 HKIAC AAR”) to allow and regulate the use of third-party funding. Compared with the 2018 HKIAC AAR, the Rules have more stringent requirements when it comes to disclosure.

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A Governance Revolution or Costly Distraction? Reassessing the promises of blockchain for public procurement governance

University of Bristol

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

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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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KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 6 (June 2022)

Kluwer Arbitration

1090/2016, 31 December 2018 Ismail Selim, Cairo Regional Center for International Commercial Arbitration (“CRCICA”), ITA Reporter for the CRCICA CRCICA Case No. To get your free subscription to the ITA Arbitration Report, click here. The ITA Board of Reporters has reported on the following awards. First Industry Operator v.

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