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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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2023 Year in Review: Key Developments in Europe (Investment Arbitration)

Kluwer Arbitration

These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.

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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”). 14.472, Justice Paulo de Tarso Sanseverino, 16 August 2021 ). 73/1993 and n. PT Ventures SGPS ).

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Top Ten CPO Priorities for 2022

ivalua

In late 2021, The Hackett Group asked Procurement Leaders about their strategic priorities and initiatives for the coming year. After a rollercoaster 2021, how do we pivot and plan for a successful Procurement strategy in 2022? . TOP TEN CPO PRIORITIES for 2022: Webinar Recap. ACT AS A STRATEGIC ADVISOR TO THE BUSINESS .

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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. All are available to watch in full here.

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Procurement Rising – The Time is Now

ivalua

A core goal of Ivalua’s in 2021 is to help more leaders do so. At Ivalua NOW 2021, which will again be virtual to ensure safety and allow greater participation, we’ve selected “Procurement Rising” as our theme for this reason. It frees capacity to engage the business on more strategic initiatives.

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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 EU’s proposal in 2021 to carve out fossil fuel investments from ECT post-establishment international protection, when the modernization process was almost concluded, underscores how investment treaty policy has become a catalyst for internal political divisions and instability within the EU since the Lisbon Treaty.