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Is the Last Bastion of State Immunity Under Siege? Some Reflections on the English High Court’s Decision in General Dynamics v Libya

Kluwer Arbitration

Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). Here, Libya inadvertently agreed to its assets being attached to satisfy an adverse arbitral award.

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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. Explicit recognition of this lower threshold in investment arbitration may prima facie appear to have resolved the complication arising out of the interpretation of the term “manifest” in Article 57 of the ICSID Convention.

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The Eco Oro and Red Eagle Awards: Recent Divergence on How to Interpret Fair and Equitable Treatment Clauses Linked to the Minimum Standard of Treatment

Kluwer Arbitration

But, at the same time, the majority also referred to the NAFTA-style high threshold of gravity required to find a breach (referring to actions “unacceptable from an international law perspective,” paras. 128) and that the conduct of the Respondent was arbitrary, using a high threshold (paras.

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

Kluwer Arbitration

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These changes have profound political, economic, and societal implications.

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Ascendancy of Institutional Arbitration in the Gulf: Abu Dhabi Adds New International Arbitration Centre

Kluwer Arbitration

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value.

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Sole Source Procurement: A Guide to Single-Source Acquisitions

Select GCR

For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted. A sole source purchase is justified when unique attributes or circumstances dictate that only one provider is capable of supplying the desired goods or services.

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Redefining Resolution in Data Disputes: Why Arbitration Holds the Key

Kluwer Arbitration

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

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