Remove Corruption Remove Definition Remove Thresholds
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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. The threshold challenge here is to ensure that there is sufficient information in the marketplace to make this kind of requirement workable.

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From Draft to Published Version: A Commentary on the Changes Implemented in the SVAMC AI Guidelines

Kluwer Arbitration

This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. However, before having a deeper look into the Guidelines themselves, one question needs to be answered: is there even a need for further rules?

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The Implications of Koch v. Canada for Emissions Trading Schemes

Kluwer Arbitration

Relying on this definition, the Claimants argued that KS&T’s emission allowances constituted “property” and therefore qualified as an investment under NAFTA. Property” is commonly included in the definition of “investment” in investment treaties, but many treaties do not expressly define “property.” The Koch v.

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Enforcing Interim Awards in Pakistan – Finality or Binding?

Kluwer Arbitration

The travaux preparatories of the Convention titled “ Report by the Secretary General ” dated 31 January 1956 indicate that whilst the contracting states considered including a definition of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters.

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The End of a Saga: Swiss Federal Supreme Court Upholds Clorox v. Venezuela Final Award

Kluwer Arbitration

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para.

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Turning up the Heat on Tech Investors: Navigating the New “Tech Cold War”

Kluwer Arbitration

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).

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Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Kluwer Arbitration

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.