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The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

Kluwer Arbitration

Furthermore, to state the obvious, investment treaties (whatever their scope of application, limited or broader, may be), being embedded in the law of State international liability, are surely not insurance schemes. Even less, treaties can shield investors from risks inherent in the nature of the business or operation itself.

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2023 in Review: U.S. Courts Wrestle with New Issues and Refine Old Doctrine

Kluwer Arbitration

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

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A New Dawn: Sunrise of Caribbean Arbitration as ITA Launches Initiative to Support its Development

Kluwer Arbitration

The Report recommends the following five “Initial ITA Priorities in and for the Caribbean”: Model Law implementation; Capacity building among legal practitioners; Judicial education and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas.

IT 52
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Arbitrating Family Disputes in France

Kluwer Arbitration

Arbitrability in French law Under Article 2059 of the French Civil Procedural Code (“FCPC”), parties do not have the free disposal of all their rights: unavailable rights cannot be arbitrated, especially “ questions of status and capacity of a person ”, and “ those relating to divorce and legal separation ” ( Article 2060 of the FCPC ).

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2023 in Review: Commercial Arbitration Highlights in Latin America

Kluwer Arbitration

In another decision dated May 9, 2023, the STJ addressed the extent of subrogation of rights by insurers. 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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New Frontiers of Energy Disputes in the Era of Low Carbon Transition and Geopolitical Turbulence: The Focus of the 12th ITA-IEL-ICC Joint Conference on International Energy Arbitration

Kluwer Arbitration

panel explained, investors’ options to pursue claims under investment treaties are becoming ever more limited and other options must therefore be considered where there is regulatory risk (such as contractual mechanisms and political risk insurance). The energy sector is thus a sector that is seeing, and will continue to see, huge change.

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Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In

Kluwer Arbitration

The dispute concerns a 2005 contract for satellite spectrum capacity and satellite-broadcast wireless access services. Though the award creditor sought the Supreme Court of Canada’s input on the issue, the latter dismissed the application for leave to appeal the decision in mid-May of this year. III of the NYC. II and V(1)(a).