Kluwer Arbitration

JUNE 6, 2024

Mr Singarajah highlighted the need to find a good balance between this flexibility, which allows arbitral tribunals and lawyers to have enough room to address misconducts, and having enough norms so as to apply a minimum standard.

Ethics 52

Ethics Corruption Balance Transparency 52

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

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

AUGUST 10, 2024

Yet a relevant report released by the International Council for Commercial Arbitration (‘ICCA’) has definitively concluded otherwise. To restore balance, the commentary advocates for a framework guided by the police powers doctrine, enriched by the principle of proportionality.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

NOVEMBER 28, 2023

Treatment of dual nationals under the BIT The BIT contains a definition of “investor” that includes natural or legal persons who hold the nationality of any of the contracting parties (BIT, art.

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

NOVEMBER 3, 2023

In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. The Brazilian arbitration market will definitely follow closely the next decisions to be issued by the STJ Chamber and the STF on this case. Pursuant to Municipal Decree No.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

OCTOBER 27, 2023

They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators. This could arguably be considered an intervention by the tribunal.

Contract 52

Contract Balance Negotiation Insurance 52