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The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

Kluwer Arbitration

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal. Even less, treaties can shield investors from risks inherent in the nature of the business or operation itself.

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European Commission Publishes Non-Paper of Model Clauses for Member States’ Bilateral Investment Agreements with Third Countries

Kluwer Arbitration

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

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Columbia Arbitration Day 2024: “The New Era of International Arbitration: A User Guide”

Kluwer Arbitration

Cózar added an expert’s perspective to the discussion by explaining that classical construction arbitration cases have a specific limit of claims, such as delays and disruptions, additional scope and costs, liquidated damages, loss of profit, performance and warranty issues, indemnity, and insurance claims.

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X CAM-CCBC Arbitration Congress: Green Transition, Artificial Intelligence, Evolution of Arbitral Institutions & The Future of International Arbitration.

Kluwer Arbitration

Insurance : Disputes emerging from changes in the criteria for insuring certain assets along the away. Thus, a growth in the number of arbitrations relating to compliance, insurance, supply chain and a range of disputes focusing on a mix of soft and hard law is to be expected. The last panelist, Ms.

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CBAr 22nd International Arbitration Conference: Business Contracts and Party Autonomy in Times of Instability and Uncertainty

Kluwer Arbitration

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.

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English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Kluwer Arbitration

These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. That was because the insurance policy itself contained contractual subrogation provisions that largely mirrored the terms of the Japanese statute.

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Oil, Gas and Renewables: Hot Topics in Investing and Arbitrating in LatAm

Kluwer Arbitration

Nascent Contractual Risk-Allocation With such risks in mind, insurers, operators, contractors, and other parties are alert to the innate protections that contractual provisions can afford them. Despite this, dealing with well-established industry giants sometimes leaves no room to shift risks in negotiations.