Corruption Definition Negotiation 
Kluwer Arbitration
OCTOBER 28, 2024
Notably, it broadens the definition of foreign investors while removing the principle of dual nationality, eliminates open consent to arbitration, and grants Kosovo the right to seek compensation for damages caused by investors.
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?
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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.
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).
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.
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.
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.
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