Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”). What Is Covered in Their Scope?

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

NOVEMBER 28, 2023

Treatment of dual nationals under the BIT The BIT contains a definition of “investor” that includes natural or legal persons who hold the nationality of any of the contracting parties (BIT, art. Therefore, under international investment agreements, all the possible sources of jurisdiction are in control of the states, not the investors.

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

JULY 30, 2024

Criteria for Treaty Protection Investors must ensure they meet the threshold conditions contained in the relevant treaties, including: (i) the definitions of a qualifying investor and qualifying investment; and (ii) other requirements (e.g., a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

APRIL 13, 2024

The panelists kicked off the discussion by noting there is no universal definition of Artificial Intelligence (“AI”), but there is unanimity that AI can now make decisions in an equal or better form than human beings. International prejudice also comes to mind as a severe challenge when negotiating BITs.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

NOVEMBER 3, 2023

The Brazilian arbitration market will definitely follow closely the next decisions to be issued by the STJ Chamber and the STF on this case. Pursuant to Municipal Decree No. 3,066/2007, the matter was evaluated by the Mirassol Water and Sewage Services Regulatory Agency (“ARSAE”), which denied the request in the administrative sphere.

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Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

JUNE 15, 2024

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. Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

NOVEMBER 17, 2023

However, taking a step back, if the award merely required the respondent to compensate the claimant with bitcoins or allowed the value of the bitcoins to be determined through parties’ negotiation instead of by reference to the price from a third-party website, would such award be enforceable? As a case in point, in Sun Dingshang v.

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Price Negotiation Innovation Finance 59