Remove Balance Remove Corruption Remove Thresholds
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Tackling Corruption in the Arbitral Process: Reflections on Nigeria v Process and Industrial Developments Limited

Kluwer Arbitration

There is a very high threshold for a Section 68 challenge. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.

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Redefining Resolution in Data Disputes: Why Arbitration Holds the Key

Kluwer Arbitration

Leveraging arbitration’s strengths can ensure smooth integration of data privacy protection in our interconnected world, balancing individual rights with the ever-growing demand for data. Therefore, any proposed dispute resolution mechanism should permit balancing privacy rights and public interests.

Data 97
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy. The tribunal recognized Colombia’s efforts to protect páramos as proportionate and nondiscriminatory, given their environmental relevance.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy. The tribunal recognized Colombia’s efforts to protect páramos as proportionate and nondiscriminatory, given their environmental relevance.

Balance 52
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Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Kluwer Arbitration

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.

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2024 PAW: Sports Law and the Upcoming Olympics – What Role for Arbitration?

Kluwer Arbitration

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Provisional measures can be awarded, applying the classic criteria in arbitration of risk of irreparable harm, chances of success and balance of the parties’ interests.

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Bucharest Arbitration Days 2024: Critical Developments in International Arbitration

Kluwer Arbitration

On this topic, Haugeneder discussed one of the Draft Provisions on Procedural and Cross-cutting Issues and emphasised the need to find balance between the right to property and the right of the state to regulate the use of that property. Smeureanu discussed expropriation protections. Russia and Stati v. Republic of Kazakhstan ).

Ethics 52