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

Kluwer Arbitration

SEPTEMBER 27, 2024

Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. The discussions underscored the need for clear legal frameworks and the balance between regulatory intervention and legal security for investors.

Insurance 52

Insurance Price Balance Contract 52

Kluwer Arbitration

NOVEMBER 21, 2023

There is indeed an important challenge in balancing the inherent right to enforce arbitral awards, an indispensable facet of the international arbitration process, with the nuanced legal terrain the ART is now building up. Additionally, it can increase the time frame of the resolution process.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

APRIL 13, 2024

The panelists kicked off the discussion by noting there is no universal definition of Artificial Intelligence (“AI”), but there is unanimity that AI can now make decisions in an equal or better form than human beings. International prejudice also comes to mind as a severe challenge when negotiating BITs.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

JULY 26, 2024

To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. Mexico and New York) and because Forbes IP’s anti-suit injunction would be dispositive of the Mexico Injunction.

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

NOVEMBER 10, 2023

The real question is not about the definition of ‘international public order,’ as this concept has been treated so broadly that it encompasses principles such as good faith, pacta sunt servanda, and party autonomy. Magpower Soluções de Energia, S.A. and Magp Inovação, S.A., Certain factual matters were remanded.

Contract 52

Contract Balance Media Electronics 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

FEBRUARY 10, 2024

In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” The framing of this standard has evolved over time.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

DECEMBER 23, 2024

Most crucially, the SC will have to decide whether and how the power to do complete justice under Article 142 should be balanced with the restrictive construct of Section 34. However, even a definitive ruling from the five-judge bench may not fully resolve practical challenges. In AR Antulay v.

Engineering 52

Engineering IT Balance Import 52

Kluwer Arbitration

DECEMBER 4, 2024

It determined that TPP and TMC fell within the Agreement’s definition of “Subcontractor”, a status acknowledged by CFE. The Tribunal’s careful interpretation of the contract terms and its balanced approach underscore the importance of arbitration in resolving sophisticated commercial disputes.

Contract 52

Contract Negotiation Transportation Transportation 52