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

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Westinghouse (1984) and Gasum v.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

MARCH 20, 2024

However, she stated that the ISDS system in Europe was definitely undergoing a change: investors consider filing less claims and there is an increased interest in settling rather than litigating. Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. Finally, the tribunal explained that a provisional measure, by definition, requires a party to do or not to do something, even against its will.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts. This could be done through new legislation, or a definitive ruling by the Indian Supreme Court.

Negotiation 52

Negotiation Corruption Government Government 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

FEBRUARY 10, 2024

In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. TPP’s active and leading involvement in the negotiation and implementation of the project, coupled with an amendment that TPP signed as a party, further solidified its status. f) limited claims to Greenfield.

Contract 52

Contract Negotiation Transportation Transportation 52

Kluwer Arbitration

DECEMBER 27, 2024

Definition of investment. Interpretative issues related to the applicable law, definition of investment, the RIGI Panels authority, consolidation of proceedings, among others may arise. Argentina , 89-103 ; National Grid v Argentina , 81-90). The nature of disputes under Chapter X.

Export 52

Export Government Government Negotiation 52

Kluwer Arbitration

DECEMBER 2, 2024

Such a requirement may deter foreign parties from choosing to arbitrate in China, complicate negotiations for Chinese enterprises, and drive foreign-related cases to other jurisdictions.

Transparency 52

Transparency Negotiation IT Corruption 52