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Arbitration With Public Entities in Brazil: Must Regulatory Agencies Participate?

Kluwer Arbitration

The STJ decision ruled not only on the possibility – and necessity – of a regulatory agency participating in arbitration proceedings between a concessionary and the relevant state entity but also on the limits of extending the effects of an arbitral award over a non-participating third party.

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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

Article 8, for example, warns the procuring agency, “when first soliciting the participation of. contractors in the procurement proceedings, shall declare whether the participation of suppliers or contractors in the procurement proceedings is limited,” and any “such declaration may not later be altered.”

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The Implications of Koch v. Canada for Emissions Trading Schemes

Kluwer Arbitration

KS&T was a market participant in OCTP with tracking accounts for emission allowances in Ontario and California. Relying on this definition, the Claimants argued that KS&T’s emission allowances constituted “property” and therefore qualified as an investment under NAFTA. The Koch v. Emission Allowances as “Property”?

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The Story of India’s “First Whistleblower:” Stalled Progress in the Wake of Satyendra Dubey’s 2003 Murder

Whistleblower Network News

Satyendra was murdered over 20 years ago upon exposing corruption involved in the construction of India’s largest highway project at the time, which resulted in poor quality of work and the looting of public money. Workshop participants hope that progress can begin at the state level.

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Evolution of Kosovo’s Investment Arbitration Law: Defining the Foreign Investor and the State’s Role in Arbitration

Kluwer Arbitration

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.

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JAMS Publishes Artificial Intelligence Arbitration Rules, but Are They Fit for Purpose?

Kluwer Arbitration

While that definition undoubtedly would cover sophisticated machine-based systems such as ChatGPT, it might also cover rudimentary machines that the drafters of the Rules may not have intended. The breadth of this definition impacts parties that incorporate the JAMS AI Rules into their agreements.

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Interview with Our Editors: In Conversation with Prof. Dr. Stefan Kröll, Co-Director of the Willem C. Vis International Commercial Arbitration Moot

Kluwer Arbitration

Today the majority of teams have participated in numerous pre-moots either in person or online. So far, it has worked … but there is definitively room for improvement. On the other side, the arbitrators should definitively avoid creating the impression that they want to force the Parties into a settlement.