Kluwer Arbitration

FEBRUARY 25, 2024

These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.

Negotiation 64

Negotiation Framework Agreement Import Capacity 64

Kluwer Arbitration

AUGUST 4, 2024

This is, in the words of Italy’s diplomacy , “to have secure, stable and predictable supplies at competitive prices for households and businesses, without failing to meet the binding commitment to long-term sustainability…” under the Paris Agreement.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

JANUARY 24, 2024

While the Investment Protocol and the Model BIT deal with different subjects, they both aim to promote investment and trade in Africa without compromising African states’ abilities to implement necessary national policies and achieve their sustainable development goals. Similarly, Article 46.1

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

FEBRUARY 18, 2024

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”).

Negotiation 52

Negotiation Supply Chain Transparency Education 52

Kluwer Arbitration

MAY 5, 2024

Current Challenges in ISDS Kenneth Beale addressed the developments around sustainability, climate change and the Energy Charter Treaty with respect to ISDS. Considering the ongoing negotiations of other investment and trade instruments globally, these instances can provide a roadmap to other economies looking to attract investments.

Balance 52

Balance Negotiation Sustainability Accountability 52

Oxford College of Procurement and Supply

SEPTEMBER 8, 2023

Ethical procurement refers to the consideration of a wide range of issues relating to the ethical and sustainability goals of an organisation. Bribery This involves special consideration or support for certain candidates during contract negotiation or supplier evaluation in return for illicit payments or other incentives.

Ethics 52

Ethics Import Procurement Supply Chain 52

Kluwer Arbitration

APRIL 13, 2024

Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations. Kuantyrov enumerated a few challenges that emerging economies such as Kazakhstan face when negotiating BITs with big economic players in relation to leverage and experience.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

FEBRUARY 22, 2024

Equally, companies are hungry for new technologies that can help them achieve sustainability. Rodrigo Bahia explained these put them ‘in line’ with the principles of the rest of the industry internationally which supports levelling the playing field for negotiations, even though the templates still present important concerns.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

University of Bristol

DECEMBER 10, 2019

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

Public Procurement 52

Public Procurement Procurement Government Government 52

Kluwer Arbitration

OCTOBER 14, 2024

At the appeal stage, the Portuguese State successfully sustained that the COVID-19 pandemic should have been considered a force majeure event under the Concession Agreement and that the arbitral tribunal should therefore have excluded the applicability of the change in circumstances institute.

Contract 52

Contract Sustainability Import Negotiation 52

Kluwer Arbitration

JUNE 12, 2024

It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The newly minted FTA is expected to boost the extant levels of trade between the two countries. Moreover, footnote 7 to Article 7.1(3)(a)

Consulting 64

Consulting Negotiation IT Corruption 64

Kluwer Arbitration

JUNE 8, 2024

“ The event brought together leading experts to discuss the intersection of investment law and the global shift towards sustainable energy. On 6 June 2024, Hogan Lovells and Twenty Essex co-hosted a London International Disputes Week (“LIDW”) event on the topic “ How Can Investment Protection Contribute to the Energy Transition?

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

MARCH 11, 2024

It will need a multi-faceted approach involving global cooperation, innovative technologies, adaptable dispute resolution mechanisms, and sustainable policies. The panel amplified the facets of the climate crisis and the complexity of finding adequate responses to combat the crisis. All are available to watch in full here.

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

FEBRUARY 14, 2024

The European Commission released a “non-paper” with model clauses for negotiation or re-negotiation of IIAs between Member States and third countries. Second, the issue of amicus submissions in the context of alleged corruption assumed particular significance in 2023, especially compared with prior years.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

APRIL 1, 2024

Department of State), Margie-Lys Jaime (Legal Adviser, Office of Investment Arbitration, Ministry of Economy and Finance, Republic of Panama), Ladan Mehranvar (Senior Legal Researcher, Columbia Center on Sustainable Investment (“CCSI”)) and Marie-Claire Argac (Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP). Mr. Bigge and Ms.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

MARCH 25, 2024

She also referred to the recently signed EU-Angola Sustainable Investment Facilitation Agreement, which has a different approach by focusing on dispute prevention and investment facilitation rather than investment protection and arbitration.

Balance 52

Balance Export Sustainability Import 52

Kluwer Arbitration

FEBRUARY 10, 2024

In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” The cited document is the January 2023 draft version of the Protocol.

Balance 52

Balance Negotiation Thresholds Ethics 52

How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

MARCH 25, 2024

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. While some provisions address investor concerns, the mandatory negotiation period and the resolution council may add layers of complexities.

Transparency 105

Transparency Negotiation Price Export 105