Federal News Network

NOVEMBER 9, 2023

But also when you’re dealing with the export of defense articles, you’ve got to deal with a whole other set of issues. company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government.

Export 106

Export Supply Chain Manufacturing Participation 106

Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

Corruption 52

Corruption Balance Capacity Contract 52

Kluwer Arbitration

DECEMBER 13, 2024

One of the most significant changes in the New Law is its broader scope, which now regulates both foreign and local investors in the KSA in Article 1, unlike the Old Law, which was limited to foreign investors. In contrast, under Article 5.2 Notably, Article 4.1 See Foreign Investment Law, Articles 7 and 11.

Balance 52

Balance Corruption Transparency Import 52

Kluwer Arbitration

OCTOBER 13, 2023

Clear Endorsement of New Technologies in the Conduct of Arbitration Proceedings The Amendment Law expressly recognises that the place of arbitration can be either in-person or virtual (Article 28(1)).

Balance 64

Balance Corruption IT Integration 64

Kluwer Arbitration

AUGUST 10, 2024

This article provides an overview of the Law Commission’s review process before discussing its key recommendations and their potential impact on London’s position as a preeminent seat for international arbitration. The article also discusses the rationales underpinning the Law Commission’s recommendations.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

AUGUST 15, 2024

This article analyses fifteen arbitration cases in which the respondent argued that the claimant contributed to its injury, either as a result of the investor’s bad business judgment or because the investor’s behaviour provoked the state’s wrongful conduct.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

MARCH 2, 2024

This article thus calls for a critical evaluation of the de novo standard with a view to developing a more balanced system that would pay due regard to the competing goals of efficiency and legitimacy of the arbitral process.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

OCTOBER 27, 2023

Gouveia examined the legal landscape in Portugal ( Portuguese Civil Code , Articles 437 and 790), in Brazil ( Brazilian Civil Code , Articles 317, 478, and 393), in Germany ( German Civil Code , Articles 275 and 313.1.3), in England (British Electrical and Associated Industries (Cardiff) Ltd v. 3) As Prof.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

FEBRUARY 29, 2024

This article considers, in light of Tui , the scope of application of the rule in Browne v Dunn in international arbitration. Under most arbitral rules, a tribunal is vested with the authority to decide whether or not to apply any strict rules of evidence (see LCIA rules (Article 22.1(vi)) What Is the Rule in Browne v Dunn?

Import 64

Import Balance IT Corruption 64

Kluwer Arbitration

AUGUST 12, 2024

This paper considers the prevailing approaches taken across different jurisdictions and ultimately proposes an alternative approach for common law to strike a better balance among all competing interests. Increasingly, corporations and other non-State actors are parties to such disputes.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court held 16:1 (Judge Eicke dissenting) that Article 8 ECHR (right to private and family life) encompasses a right to effective protection from—and a corresponding duty (or “positive obligation”) on States to mitigate—the serious adverse effects of climate change on human lives and health.

Thresholds 52

Thresholds Balance IT Corruption 52

Kluwer Arbitration

AUGUST 28, 2024

Recent legislative changes to article 63 of the Brazilian Civil Procedure Code (“BCCP”) have nevertheless altered the legal regime of EJAs. Article 63, ss. Article 63, ss. The latter is provided in article 63 of BCCP, which has been recently amended. The recently enacted Law No.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

JANUARY 2, 2024

Thus, he considers the primary rule of treaty interpretation in Article 31(1) of the VCLT, explains that the language used does not assist in ensuring consistency in treaty interpretation, and that the absence of guidance gives a wide-ranging and unguided discretion to interpreters.

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

FEBRUARY 29, 2024

Administrating Bodies of the NAI The first notable adjustment in the NAI Rules is the establishment of an NAI Case Management Committee ( Article A1, paragraph 1 of Appendix A ). The NAI Secretariat will support the members of the NAI Case Management Committee in carrying out its duties ( Article A1, paragraph 2 of Appendix A ).

Sustainability 52

Sustainability Efficiency Quality Management 52

Kluwer Arbitration

OCTOBER 14, 2023

The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices. Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated in an ICC award , “corruption is an international evil”.

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

SEPTEMBER 25, 2024

This article first describes the background of the Mason and Elliott cases, and their tribunals’ shared conclusion that Korea breached its treaty obligations. Throughout this article, citations to the awards are marked with “M” or “E” for the Mason and Elliott (majority) awards, respectively, and the paragraph number.

Corruption 52

Corruption Budget Management Balance 52

Kluwer Arbitration

JANUARY 30, 2024

These developments suggest a move towards a more balanced approach between investor rights and states’ environmental duties, potentially leading to significant reforms in investment arbitration, enhancing awareness of its current limitations, especially in addressing climate challenges.

Influencing 59

Influencing Balance Risk Management IT 59

Kluwer Arbitration

MARCH 24, 2024

The challenge, as Kaldunksi pointed out, is to strike a balance between investor protection and the state’s RTR, a task that is far from straightforward given the complexity and diversity of modern investment relationships. In response to this challenge, states have evolved in their approach to the RTR from a regulatory perspective.

Balance 52

Balance Corruption IT Management 52

Kluwer Arbitration

MAY 22, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” The tribunal ruled that FET should not be taken as a standalone principle and must not go beyond the scope of MST.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

JANUARY 18, 2024

With a focus on Italian law –under which Article 820(2) of the Code of Civil Procedure fixes a 240-day time limit for all arbitration proceedings– this post examines whether arbitration agreements should contain fixed deadlines and reviews situations in which it is possible to do so.

Balance 52

Balance Corruption Import IT 52

Kluwer Arbitration

MARCH 31, 2024

On May 10, 2021, and following the provisions of clauses 12 and 18(2) of the Contract, the Buyer commenced arbitration proceedings, under the rules of the ICC, before a sole Arbitrator, in an abbreviated procedure, in which it demanded the restitution of the paid advance balance, plus interest, and costs. of the CPC. of the CPC.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

JANUARY 14, 2024

While the 2011 Rules contained 5 Sections with 48 Articles, the 2024 Rules contain 6 Sections with 56 Articles and 4 annexes. Multiple Contracts The 2024 Rules addresses multiple contracts in Article 51, which enable parties to make claims arising out of or in connection with more than one contract in a single arbitration.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

MAY 24, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” The tribunal ruled that FET should not be taken as a self-standing standard, it is part of MST and must not go beyond its scope.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

MAY 12, 2024

Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).

Balance 52

Balance Quantity Corruption Quality 52

Kluwer Arbitration

JANUARY 10, 2024

For instance, article 2, § 3, of the Brazilian Arbitration Act requires the publicity of the case records when the public administration is a party of the arbitration. The compatibility of the claims referred to by article 27-H with arbitration is clear where legitimate investors file a claim on their own behalf (an individual claim).

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. Where do We Stand? AI and energy transition are expected to play a significant role in the global economy.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

AUGUST 25, 2024

The Arguments Mr Goren’s objection to publication included the following arguments: Article 30 of the LCIA rules contains an undertaking by the parties and tribunal to keep confidential all awards and materials in the arbitration. Once joined to the arbitration, he may have had an expectation of confidentiality pursuant to LCIA Article 30.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

JULY 4, 2024

Importantly, and just as Freedman J has done in Martin v HSF , the decision needs to be an overall balancing exercise as between a party and/or witness’s preference or personal reasons with considerations of fairness to the other party or parties. Update : Since this post’s publication, the judgment is now available on Westlaw.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

DECEMBER 12, 2024

and Gabriella Palmieri (Italian Attorney General) highlighted the complex interaction between international, transnational and national law, and they agreed on the need to find a balance between environmental protection and economic competitiveness. of the Paris Agreement.

Finance 52

Finance Sustainability Balance Export 52

Kluwer Arbitration

NOVEMBER 28, 2023

The offer of arbitration contained in Article XI gives the investor a choice to submit the dispute to the local courts, ICSID arbitration or the Additional Facility, and if none of the former is available, arbitration under the UNCITRAL Arbitration Rules. On the basis of Article 31.3.c) c) of the VCLT ” (See para.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

Kluwer Arbitration

APRIL 24, 2024

There, Spain objected to the court’s jurisdiction, arguing that under the CJEU’s Achmea and Komstroy decisions, Spain’s offer to arbitrate the dispute with other EU investors set forth in Article 26 of the ECT was void ab initio. against the rights of investors inscribed by the ICSID.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

APRIL 5, 2024

Climate Science and Investment Arbitration Caline Mouawad addressed the question of whether climate science could assist tribunals in striking a balance between investor claims and the State’s right to protect the public interest. The consensus reached was affirmative: climate science has a vital role in each stage of investment arbitration.

Balance 52

Balance Capacity Corruption Efficiency 52

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 27, 2024

This partially contradicts, however, the provisions of the Brazilian Civil Code , which expressly states in Article 112 that in declarations of intent, more attention should be given to the intention embodied in them than to the literal meaning of the language. Therefore, it involves available rights that can naturally be arbitrable.

Insurance 52

Insurance Price Balance Contract 52

Kluwer Arbitration

MARCH 20, 2024

In this respect, the drafting of the rules is very broad, with article R27 providing that “ Such disputes may involve matters of principle relating to sport or matters of pecuniary or other interests relating to the practice or the development of sport and may include, more generally, any activity or matter related or connected to sport ”.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. The Tribunal’s finding was that the Government’s obligations under Article 6 (b) were not conditional upon P&ID having constructed the GPFs. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

FEBRUARY 10, 2024

But unlike the fair administrative treatment in the PIA, the standard under Article 14 does not, at least explicitly, protect investors from arbitrary or manifestly arbitrary measures. In the same year, COMESA adopted a slight variation of fair administrative treatment in its 2017 investment agreement.

Balance 52

Balance Negotiation Thresholds Ethics 52