Kluwer Arbitration

APRIL 22, 2024

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

FEBRUARY 12, 2024

The CoC rejected this argument and upheld the findings of the Court of Appeal, emphasising the established legal principle that the capacity and authority of the signatory to an arbitration clause are within the purview of the trial court to decide. The CoC dismissed this argument, reiterating the principle of pacta sunt servanda.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JULY 7, 2024

It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).

Education 52

Education Efficiency Integrity Integration 52

Kluwer Arbitration

MAY 4, 2024

Parties are often wary of the complications possibly arising from the involvement of a third party in the arbitration in such capacity and role. At this point in time, the parties are usually more lenient to making concessions in a give-and-take negotiation process. 2 (2024), which is also included on Kluwer Arbitration.

Participation 52

Participation Buyers Contract Negotiation 52

Kluwer Arbitration

JANUARY 13, 2024

In his words, the two necessary elements for a mediation to be potentially successful were: (i) a clearly authorized government official who has the capacity to conduct the negotiations, and (ii) the State’s will to reach an agreement. Pager shared a more sceptical view on the efficiency of mediation for investor-states disputes.

Balance 52

Balance Transparency Negotiation Capacity 52

Kluwer Arbitration

NOVEMBER 11, 2023

Bernhard Bell stressed that, in practice, at least an emergency arbitrator’s decision will be likely to trigger settlement negotiations between the parties. The dominant view is against this since the decision would not be final and binding as required by the Convention.

Management 52

Management Efficiency Negotiation Capacity 52

Kluwer Arbitration

APRIL 1, 2024

Jaime appeared in their personal capacities. The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Mr. Bigge and Ms.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

JUNE 6, 2024

Additionally, diplomatic channels have historically proven effective at resolving space disputes, as evidenced during the 1970s when a Soviet satellite crashed and scattered debris over Canada, resulting in a dispute that was ultimately negotiated and settled diplomatically.

Telecommunication 52

Telecommunication Export Influencing Negotiation 52

Kluwer Arbitration

DECEMBER 12, 2023

The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. This stay applies to litigation as well as arbitration and goes beyond the mere choice of law rules currently under negotiation. UMLCBI with Guide to Enactment and Interpretation, par.

Negotiation 52

Negotiation Capacity Government Government 52

Kluwer Arbitration

FEBRUARY 25, 2024

These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. This article is submitted in a personal capacity. Serzo agreed that for disputes involving cross-border parties, arbitration is preferred, given its flexibility.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

AUGUST 4, 2024

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

JANUARY 20, 2025

The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

JANUARY 23, 2025

Arbitration clauses are often described as midnight clauses because, in practice, they may be included following minimal negotiations (as discussed here ). It is written in the authors personal capacity, and the opinions expressed are entirely the authors own.

Contract 52

Contract Participation Thresholds Negotiation 52