Capacity Corruption Negotiation 
Kluwer Arbitration
FEBRUARY 16, 2024
Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. The agreements were not drafted, negotiated, or signed by the father or his sons. Part II explores new case law on the enforcement of arbitral awards.
Federal News Network
NOVEMBER 9, 2023
Interview Transcript: Tom Temin And we think of the defense industrial base has strained in terms of capacity to manufacture what’s needed around the world and, you know, missile systems and ammunition and so forth. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act.
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.
Kluwer Arbitration
NOVEMBER 29, 2023
The 2013 Kishenganga Award allowed India to continue its projects on the Kishenganga but prohibited India from using drawdown flushing to disperse sedimentation if it led to water levels in the dam fall below the dead storage capacity. India asked for the appointment of a Neutral Expert for the same purpose.
Kluwer Arbitration
MAY 15, 2024
Various other initiatives have been set in motion such as the establishment of the Africa Arbitration Academy to provide training to arbitration practitioners in Africa and accelerate capacity building. Should investors be pushing back on African seat proposals when negotiating arbitration clauses?
Kluwer Arbitration
MARCH 11, 2024
She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies. All are available to watch in full here.
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.
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