Kluwer Arbitration

MAY 23, 2024

KS&T Did not Have a Qualifying Investment NAFTA Article 1139(g) NAFTA Article 1139(g) defines “investment” as “real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes.”

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Kluwer Arbitration

DECEMBER 19, 2024

Among the key legal innovations in this package are Articles 11a and 11b, which provide EU operators with two distinct legal bases to seek compensation in Member State courts from Russian parties. This blog post focuses on the mechanisms introduced under Article 11b. Key Features of Article 11b(1) A. 302 or similar legislation.

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Kluwer Arbitration

FEBRUARY 15, 2024

Clarifying the Application of the arbitrateAD Rules The arbitrateAD Rules apply to any arbitration commenced on or after 1 February 2024 where the parties have agreed to submit their dispute: 1) Article 1(1) under the arbitrateAD Rules; to arbitrateAD; or to the Abu Dhabi Chamber of Commerce. 34 in 2021 , 3) Article 6a of Decree No.

Electronics 52

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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.

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Kluwer Arbitration

SEPTEMBER 19, 2024

In the other arbitration, Aynès’ law firm had raised serious corruption allegations against high-level Iranian officials and was collaborating with Crescent’s lead counsel. The Court recalled that proving actual bias is not necessary to succeed with an application for revision under Article 190(1)(c) PILA.

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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.

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Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value. 34 of 2021 (“ Decree No.

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Kluwer Arbitration

JUNE 27, 2024

The Declaration purports to be an international legal instrument issued pursuant to paras (1) and (2) of Article 17 of the ECT. The Proposal and Declaration purport to be based on Articles 207 and 218(9) of the Treaty on the Functioning of the European Union (the “ TFEU ”). Does the Proposal Have a Sound Basis in EU Law?

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Kluwer Arbitration

MARCH 29, 2024

The Claimants alleged that Spain had thereby breached its obligations of fair and equitable treatment under the Energy Charter Treaty 1994 (“ECT”) and commenced an ICSID arbitration pursuant to Article 26 of the ECT. The same applies to the ECT for that matter, which expressly incorporates ICSID in article 26. 3) [2000] 1 AC 147.

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Kluwer Arbitration

FEBRUARY 12, 2024

Functional Jurisdiction of the Competent Court The Appellant’s second challenge concerned the interpretation and application of Article 226 of the UAE Federal Law No. In dismissing this challenge, the CoC held that Article 226 primarily addresses territorial (or geographical) jurisdiction.

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Kluwer Arbitration

MARCH 24, 2024

Indeed, a party willing to bring an annulment action before a regional High Court of Justice must allege and prove one of the six grounds for annulment provided under article 41 of the SAL , which essentially mirror those set out in Article 34 of the Model Law, including the award being contrary to public policy. f of the SAL.

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Kluwer Arbitration

JULY 2, 2024

Hanotiau found a creeping indirect expropriation of Clorox’s investment by Venezuela without adequate compensation under article V of the bilateral investment treaty between Venezuela and Spain (the “BIT”) and awarded Clorox roughly USD 104 million. This includes preliminary questions of substance affecting the decision on jurisdiction (cf.

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Kluwer Arbitration

DECEMBER 2, 2023

15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) 6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration regulations within the UAE. Under the recently issued Federal Law No. (15)

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Kluwer Arbitration

FEBRUARY 28, 2024

Aurangzeb J next held that the Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards. Rather, under Article V(1)(e) of the Convention, enforcement may be refused if the award has not yet become “binding.”

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Kluwer Arbitration

OCTOBER 6, 2024

This relates to the facts of the case, the Respondent’s litigation strategy and, most importantly, the invoked security exception clause in Article 22.2 This relates to the facts of the case, the Respondent’s litigation strategy and, most importantly, the invoked security exception clause in Article 22.2

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Kluwer Arbitration

FEBRUARY 21, 2024

First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. The authors gratefully acknowledge the assistance of Stephen Benz, associate at BakerHostetler LLP, in preparing this article. Amicus at 10, 16).

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Kluwer Arbitration

DECEMBER 22, 2023

His other suggestions included giving the Maritime and Commercial High Court jurisdiction for invalidity questions, and applying option 1 of Article 7 of the 2006 amendments so that it is clear that an arbitration agreement shall be in writing. 2016.1558/2H), which sets a high threshold for any setting aside arguments.

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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 ”.

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Kluwer Arbitration

JUNE 11, 2024

Commonly, the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention ( e.g. , Article 34 of the UNCITRAL Model Law ). It does not give unfettered discretion to the court to adjudicate outside the ambit of Article V(2)(b).

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Kluwer Arbitration

JULY 30, 2024

This article explores the rising risk of disputes in the tech sector (whether before domestic courts or under international law) and the need for both investors and States to carefully consider their strategies. See, e.g., China-Saudi Arabia BIT, Article 8(2) ; China-UK BIT, Article 7 ; China-Japan BIT, Article 11(2).

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Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency. Waste broadly refers to suboptimal decision-making in the allocation of public resources.

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Kluwer Arbitration

DECEMBER 12, 2024

He concluded by recalling the economic analysis of law reading of tort law as a threshold to identify acceptable risks, which seems to make it a particularly suitable tool in the fight against climate change. of the Paris Agreement.

Finance 52

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Kluwer Arbitration

SEPTEMBER 16, 2024

These grounds replicate Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“ New York Convention ”) and include public policy, arbitrability of the dispute, and composition of the arbitral tribunal, amongst others.

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Kluwer Arbitration

OCTOBER 1, 2024

Furthermore, in most cases, the only material requirement for obtaining a declaration under section 1032(2) ZPO is the existence of a valid arbitration agreement, a threshold arguably less onerous than the considerations regarding the suitability of the forum that may inform the issuance of anti-suit injunctions.

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Kluwer Arbitration

JUNE 20, 2024

This article does not aim to go over the recently published Guidelines in their entirety. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

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Select GCR

SEPTEMBER 3, 2024

This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted.

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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. The Beijing Court then proceeded to review the set-aside challenges brought by the claimant.

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Kluwer Arbitration

NOVEMBER 20, 2024

Hioureas further highlighted the approach adopted by a minority of ICSID tribunals to lower the threshold of exercising jurisdiction over SOEs by “implicit” designation, posing a dilemma for States given its incompatibility with the plain text of the ICSID convention and principles of State consent.

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Kluwer Arbitration

OCTOBER 25, 2023

Expanding on Article 28 of the ICC Rules, Farah emphasised that interim reliefs are only issued if there is a threat of irreparable harm. Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law.

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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.

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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.

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Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. 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. The cited document is the January 2023 draft version of the Protocol.

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Government Contracts Legal Forum

JANUARY 5, 2024

This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. View the full article

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Kluwer Arbitration

JANUARY 16, 2024

2020Na62481, 02 November 2021 Hyunyang Koo and Minjae Yoo, Lee & Ko, ITA Reporters for South Korea Under Article 168(1) and 170 of the Korean Civil Code, a claim raised in judicial proceedings has the effect of interrupting statute of limitation. A high threshold is applicable to s. Société Kraydon Ltd v. Matters falling within s.68(2)(g)

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Kluwer Arbitration

NOVEMBER 18, 2023

Managing the Costs of Experts in Arbitration The second panel first addressed the issue of whether there is a threshold of damages that warrants retaining an expert witness. The panelists were unanimous in stating that the need for an expert depends not on the monetary value, but the complexity of the case.

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Kluwer Arbitration

DECEMBER 11, 2024

Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. The Defendant argued that the rare and compelling threshold ought to apply in the case where a party was applying for a stay of its own setting aside application.

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Kluwer Arbitration

DECEMBER 10, 2024

This would bring the EEA 1996 in line with the UNCITRAL Model Law (Article 12(1)), as well as the ICC (Article 11) and LCIA Rules (r. This proposed threshold for summary dismissal is the same threshold as in English court proceedings and, therefore, benefits from extensive case law explaining its meaning.

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