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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.
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.
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.
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?
Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers. The public sector procurement process is meant to guard against corruption, and all bids are supposed to be evaluated on predetermined criteria like quality, price and social value.
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.
In a survey conducted by the Global Arbitration Review (GAR) in 2022 on hearing centre preferences, AIAC was ranked at the forefront among other international institutions, having the highest number of hearing rooms and largest room capacity.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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