Kluwer Arbitration

JULY 26, 2024

To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. Mexico and New York) and because Forbes IP’s anti-suit injunction would be dispositive of the Mexico Injunction.

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

DECEMBER 2, 2023

Anticipating additional caselaw on the definition of a “direct relationship” is both of interest and a potential necessity, as the amended provision introduces ambiguity surrounding this specific definition. What constitutes a “direct relationship” remains unclear, leaving room for various interpretations and potential disputes.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

MARCH 3, 2024

As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment).

Efficiency 52

Efficiency Thresholds Finance IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Balance 52

Balance Negotiation Thresholds Ethics 52

Telles.eu

NOVEMBER 7, 2023

With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. But fashionably late it was nonetheless. It was a mess.

Procurement 100

Procurement Thresholds Tender Transparency 100

Kluwer Arbitration

NOVEMBER 22, 2024

Similarly, the CETA , the Indian Model BIT and the Dutch Model BIT offer some definitions of “substantial business activity” and “control”. If the threshold for an invocation is lower, then the question arises as to how it is defined and how it squares with the predictability and notification requirements.

Corruption 52

Corruption Contract Thresholds IT 52

Kluwer Arbitration

DECEMBER 9, 2024

The Court considered the definition of investment under the BIT, and noted that it does not expressly provide for a three-factor-test, although some investment treaty tribunals, such as Salini v. Nevertheless, the Court established it was not required to provide a precise definition of investment.

Export 59

Export Tender Thresholds Corruption 59

Kluwer Arbitration

MARCH 17, 2025

By agreeing to have the arbitration administered pursuant to the LCIA Rules, the parties therefore agree that the tribunal, after giving the parties a reasonable opportunity to state their views, will have the power to make an Early Determination subject to satisfying the relevant threshold tests. The author thanks Keshav D.

Efficiency 59

Efficiency Balance Thresholds Import 59

Kluwer Arbitration

JANUARY 12, 2025

While the language of the bilateral investment treaty (BIT) provided a clear definition of investment, this dispute was complicated by differing versions of the underlying contract. When are these expenditures considered an investment? Expenditures prior to the investment do not create economic value.

Engineering 52

Engineering Tender Public Private Partnership Transportation 52