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As part of Paris Arbitration Week 2025 , ESSEC Business School hosted a roundtable discussion on The Growing Influence of Criminal Law in International Arbitration. These are powerful tools, which must be balanced with practical and procedural considerations, such as cost, time, and due process concerns.
In our recent publication, Asymmetric Sovereign Risk: Implications for Climate Change Preparation , we explore how perceptions of climate risk influence sovereign spreads across countries with varying economic conditions. To learn more how the IDB works with governments to strengthen their fiscal balances visit our Fiscal Management page.
EdTech leaders must strike the right balance of investment to drive growth, and a return on investment for their owners. This blog post outlines the profitability framework that Amazon Web Services (AWS) uses with customers. At AWS, we believe that optimizing IT costs (including cloud) helps unlock budget to invest in more innovation.
In this blog, we discuss how debt dynamics vary when inflation shocks are either demand or supply driven. Three important variables worth highlighting are borrowing costs, primary balances, and exchange rates. Our analysis reveals that demand shocks have a significant and positive influence on the primary balance.
These clauses, designed to provide temporary flexibility from strict fiscal targets during crises, aim to strike a balance between upholding fiscal rules and effectively responding to unexpected circumstances. Influence on Compliance: a clearly defined activation timeline is pivotal in post-escape clause compliance.
Over the past two decades, a growing number of Latin American and Caribbean (LAC) countries began adopting fiscal rules to limit overspending influenced by election cycles, public pressure, and other political economy factors, helping the region strengthen its fiscal solvency and sustainability.
Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration. Mark Friedman explained that humans are influenced in their decision-making by the need for “cognitive comfort” (i.e., See the remainder of our coverage here.
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered to balance risk management and investment protection.
Although advisory opinions are non-binding, they are intended to influence domestic and international litigation. Balancing the interests of investors and host states has become a focal point in these disputes, especially with the rising public scrutiny over climate change issues.
In this blog we will discuss some of the main findings of the event, including the policy tradeoffs governments in Latin America and the Caribbean need to consider as they adapt their tax systems to this new reality. Subscribe to our newsletter to keep yourself updated about our latest publications, blogs and events.
Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. While originally the new ideas in international arbitration were introduced mainly by a few academic reviews, todays thought-leadership takes a variety of forms.
She highlighted the relevance of ius variandi in investment arbitrations, where the ability of the state to unilaterally modify contractual terms must be balanced against the need to ensure stability and predictability for investors, thereby safeguarding their legitimate expectations and fostering a favorable investment climate.
Professor Armesto highlighted the 2015 Paris Agreement (also reported here ), noting the difficult position of Latin American countries that must balance infrastructure development with environmental protection. In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.
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. The availability of ISDS significantly influences investors’ decisions. Abolishing it without presenting a viable alternative would thus be detrimental.
Gabor Damjanovic , Jens-Hendrik Janzen , Nadja Al Kanawati and Jan Dobrý debated some of the more controversial provisions introduced in the updated IBA Guidelines on Conflicts of Interest (see previous coverage of the Blog here ). Smeureanu discussed expropriation protections.
At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART. The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals.
The administration of the tax would require a single tax return (consolidated balance sheet of the mega MNE) to be filed with the tax authorities of the country where the ultimate parent company is domiciled, and the information would be shared with the other countries. billion a year.
Conversation on the Geopolitics of International Commercial and Investor-State Arbitration The conversation between Ms Lucy Reed (President, SIAC Court of Arbitration) and Minister Shanmugam, SC canvassed the geopolitical state of play and its influence on international commercial and investor-State arbitration.
You’ll also compile inventories, evaluate products, influence workforce development, prioritize projects, remove barriers, document use cases , assess performance, implement internal controls, and ensure your agency’s AI efforts comply with a host of existing laws and policies. Follow ITC on LinkedIn and subscribe for blog updates.
Kröll, thank you for joining the Kluwer Arbitration Blog! How do you balance the multiple competing demands on your time? The answer of my family and my assistants concerning the balancing would probably be: not very well. We are thrilled to have this opportunity to share your story and perspectives with our readers.
Will businesses go backwards due to necessity and survival or will they step up and push forward to go further and faster to achieve the right balance? On the business side, it may question the raison d’être and bring focus to finding the right balance between society, the environment and the economy. Balancing the Imbalanced.
Our Blog reviewed the Chinese judicial practice after Brentwood v. Our Blog also explored other significant issues in recent PRC arbitration jurisprudence. Our Blog presented an overview of the key amendments and new updates in the 2024 Rules. and Daesung (Guangzhou) Gases Co, Ltd Praxair (China) Investment Co.,
This blog post is not aimed at analysing the specificities of this mechanism. Athletes, on the other hand, i.e. the other group of potential parties to CAS arbitrations, cannot influence the composition of this list.
Mexico , 2025 ONCA 82 , and its impact in establishing a clear precedent in Ontario, building on from an earlier discussion in the Kluwer Arbitration Blog here. A robust discussion of the facts and the application judges flawed analysis in the Ontario Superior Court can be found in a previous blog here.
In this blog post, well explore the significance of the Berman ruling and its impact on both local disputes and the broader landscape of international arbitration. Global Perspectives: The Influence of Californias Consumer-Protection Approach Californias pro-consumer stance is not unique to the U.S.
This post exclusively focuses on Working Group IIIs key milestones in 2024 and relevant contributions to the Kluwer Arbitration Blog (KAB), while the ECT modernization will be discussed separately. The outcomes of 2024s deliberations are poised to influence ISDS reform efforts in 2025 and beyond. Angela Ray T. 9/1194 , paras.
Networking with Contracting Officers Building relationships with contracting officers and procurement officials is crucial as they influence procurement decisions and can advocate for your services. A successful pricing strategy should balance competitiveness with profitability, ensuring that bids are attractive yet feasible.
Welcome to the Kluwer Arbitration Blog and our Interviews with our Editors series, Ms. Each decision is tailored to the specific circumstances of the case, ensuring a balanced, competent, and diverse tribunal. This interview is part of Kluwer Arbitration Blogs Interviews with Our Editors series. Yes, of course!
Another key update in this regard is the substantive revision of investment protection provisions, which now better balance investor rights with the right of Contracting Parties to regulate within their territories. However, future technological and policy developments in the energy sector may influence the landscape of investment disputes.
The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. A View From Main Street: Joint Venture Snafus The following blog does not necessarily represent the views of The Coalition for Government Procurement.
Whilst Trump’s second term will be unpredictable, key mitigation strategies can be implemented, such as relocation of production (subject to anti-circumvention rules see our blog post on the recent ECJ case on anti-circumvention of tariffs), considering contractual clauses and exclusions, as well as possible lobbying.
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