Capacity Corruption Insurance 
Kluwer Arbitration
JANUARY 7, 2024
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.
Kluwer Arbitration
AUGUST 4, 2024
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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Kluwer Arbitration
DECEMBER 12, 2023
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 ).
Kluwer Arbitration
MARCH 24, 2024
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.
Kluwer Arbitration
JANUARY 8, 2024
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
Kluwer Arbitration
DECEMBER 7, 2023
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.
Kluwer Arbitration
OCTOBER 26, 2023
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).
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