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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. The agreements were not drafted, negotiated, or signed by the father or his sons. Part II explores new case law on the enforcement of arbitral awards.

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LIDW 2024: The Rise of African Arbitration – Is Africa Leading the Way?

Kluwer Arbitration

Various other initiatives have been set in motion such as the establishment of the Africa Arbitration Academy to provide training to arbitration practitioners in Africa and accelerate capacity building. Should investors be pushing back on African seat proposals when negotiating arbitration clauses?

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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

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.

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The Advisory Centre on International Investment Dispute Resolution, ICSID and PCA: Advisable Co-Existence or Risky Fragmentation?

Kluwer Arbitration

On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage ).

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

Kluwer Arbitration

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

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Friday Flash 08/16/2024

The Coalition for Government Procurement

The Coalition welcomed Tom to the team in 2019, where he immediately enhanced our domain expertise through his strategic insights and comprehensive knowledge of procurement issues. The negotiated pricing is the first in a series that will be conducted through the Medicare Drug Price Negotiation Program. 24-160 (July 16, 2024).