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Turning up the Heat on Tech Investors: Navigating the New “Tech Cold War”

Kluwer Arbitration

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These clauses, found in many US BITs, may protect States, and often defer to the State’s definition of national security.

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Misreporting of Tesla Safety Violations Highlight Narrow Parameters of SEC Whistleblower Program and Need for Employee Education

Whistleblower Network News

Krupski’s methodology of distributing information calls attention to the lack of public knowledge on whistleblower protections: current SEC definitions disqualify whistleblowers who report fraud to the media, other government agencies, foreign law enforcement, or a U.S. embassy before the SEC, considering them “involuntary.”

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LIDW 2024: Navigating the Practical Implications of Sanctions in International Arbitration

Kluwer Arbitration

The outcome of these cases will significantly influence the role of sanctions in arbitration and reshape the broader legal framework that governs these disputes. The definitions of ownership and control are critical for determining whether companies are subject to sanctions due to indirect control by sanctioned individuals.

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Climate Change or Change of Climate?

Kluwer Arbitration

She noted the enduring relevance of the Report’s definition ( para. After that, she underlined three potential relations between ESG issues and FM clauses: FM clauses with general definitions followed by a list of FM events, including ESG-related issues. Similarly to cases involving corruption or money laundering.

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Brexit 2.0: The United Kingdom Leaves the Energy Charter Treaty

Kluwer Arbitration

In line with the definition in Article 1(2) of the ECT, states in their one-year “withdrawal period” under Article 47(2) of the ECT also count as contracting parties for these purposes. At the same time, Article 36(1) lit. a of the ECT requires “unanimity” among the contracting parties “present and voting” for an ECT amendment to be adopted.

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LIDW 2024: Mass Litigation and the Courts of Europe and the UK: Have they Finally Found a Place to Call Home?

Kluwer Arbitration

This was definitely not by chance. Plaintiffs from less developed jurisdictions have chosen to seek redress in European courts mostly due to their independence and less likelihood of local influence from big corporations. Role of Third-Party Financiers Last but definitely not the least is topic (iv) of the post.

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Arbitration Tech Toolbox: The Future of Dispute Resolution: Evolution or Revolution?

Kluwer Arbitration

Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration. Singapore too is pursuing similar initiatives.