Kluwer Arbitration

JANUARY 23, 2024

The start of 2024 was no exception to this phenomenon. Set to start operations on 1 February 2024, arbitrateAD is the latest addition to the region’s expanding institutional landscape. million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value.

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Kluwer Arbitration

JULY 22, 2024

But, at the same time, the majority also referred to the NAFTA-style high threshold of gravity required to find a breach (referring to actions “unacceptable from an international law perspective,” paras. 128) and that the conduct of the Respondent was arbitrary, using a high threshold (paras.

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Kluwer Arbitration

JULY 2, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. Bolivarian Republic of Venezuela (“ Clorox v.

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Kluwer Arbitration

DECEMBER 18, 2023

The announcement of the reopening of the Paris-based ICC Hearing Center in 2024 certainly is a promising addition to Paris’ enduring allure. Salomon highlighted the sophistication of French arbitration law, the rich Civil Law tradition, judiciaries known for their impartiality, and a world-class legal market home to leading practitioners.

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Kluwer Arbitration

FEBRUARY 21, 2024

On February 2, 2024, the United States filed an amicus brief (the “Amicus”) responding to a request from the United States (“US”) Court of Appeals for the DC Circuit to provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain.

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Kluwer Arbitration

JULY 5, 2024

Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing. 2024: SPC’s promotion of Daesung Industrial Gases Co., and Daesung (Guangzhou) Gases Co, Ltd Praxair (China) Investment Co.,

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Kluwer Arbitration

MARCH 29, 2024

On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). 3) [2000] 1 AC 147. The resolution of this ambiguity across these two leading first-instance decisions is eagerly anticipated.

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Kluwer Arbitration

JULY 30, 2024

Similarly, the cryptocurrency industry is not shielded from increased regulatory burdens, and Swiss cryptocurrency exchange, Nexo, initiated an arbitration against Bulgaria under the Switzerland-Bulgaria BIT in January 2024, following criminal investigations into the company. a negotiation period, time limitations, or excluded disputes).

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Kluwer Arbitration

JUNE 11, 2024

On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law. The ruling casts further light on the standard of judicial review applicable to annulment proceedings in France.

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Kluwer Arbitration

APRIL 29, 2024

On April 9, 2024, the European Court of Human Rights (“Court” or “ECtHR”) delivered its highly anticipated ruling in Verein KlimaSeniorinnen Schweiz and Others v. In KlimaSeniorinnen , the Court confirmed that the threshold under Article 34 ECHR for individual applicants alleging climate-related harm is “especially high.”

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Kluwer Arbitration

MAY 22, 2024

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.

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Kluwer Arbitration

MAY 24, 2024

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations.

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Government Contracts Legal Forum

JANUARY 5, 2024

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 , signed into law on December 22, 2023, makes numerous changes to acquisition policy. The FY 2024 NDAA also includes the Federal Data Center Enhancement Act, the American Security Drone Act, and the Intelligence Authorization Act for FY 2024.

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How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. In order (sic) words, public procurement is rich in data, but poor in making it work for taxpayers, policy makers and public buyers.

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Kluwer Arbitration

JUNE 20, 2024

After more than a year of preparation, including a six-month comment period, the Guidelines were published on 30 April 2024 and have been tailored to the needs of the international arbitration community. This included several audience members of the two above-mentioned panel discussions during the Paris Arbitration Week 2024.

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Kluwer Arbitration

FEBRUARY 15, 2024

Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“ arbitrateAD Rules ”) was published on 1 February 2024. million) under the SCCA Rules.

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Kluwer Arbitration

MARCH 20, 2024

On 12 January 2024, the English Court of Appeal issued an important decision on the interpretation of contractual prohibitions on assignment in the context of an insurance subrogation dispute between Mitsui Sumitomo Insurance Co Ltd (“ MSI ”) and Dassault Aviation SA (“ Dassault ”). However, the availability of de novo review under s.

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Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. 2024 and the subsequent years will reveal whether the Protocol will secure the required ratification and if it will have an impact beyond intra-Africa investment treaties. The cited document is the January 2023 draft version of the Protocol.

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