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With the successful launch of Kluwer Arbitration database in 2001, we thought it would be beneficial to also offer a blog that would generate interesting commentary on the latest developments in the field of international commercial arbitration. Watch out for the announcement and very much look forward to seeing everybody in Hong Kong!
The Helow approach is consistent with the statement of principle of the Privy Council in Miller v Dickson [2001] UKPC D 4 : “The appearance that justice is being done is as important as the actual doing of justice. The views expressed in this post are the author’s own.
There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.
The first arbitral awards over the matter arising out of the Argentine financial crisis 2001/2002 are prominent for their contradictory outcome (see in particular CMS v Argentina , Sempra v Argentina , Enron v Argentina on the one hand, and LG&E v Argentina on the other hand).
In 2001, the SCIA developed its first arbitration case-management network; in 2008, it created an online commercial dispute resolution platform in cooperation with the Alibaba Group, which was implemented in online marketplaces. Version 1.0 of SMART Arbitration was a stand-alone case management software.
This would be in line with article 125 of the Civil Code 19 of 2001 which addresses the interpretation of contracts. The Bahraini courts also seem to be willing to adjust and uphold pathological dispute resolution clauses so long as they can make sense of what the parties must have wanted.
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 Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here.
There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.
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
A Review Under the Rules of Attribution of Conduct In relation to the first question, guidance can be found in the Draft Articles on Responsibility of States for Internationally Wrongful Acts ( Draft Articles ) adopted by the UN International Law Commission in 2001.
Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.
Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.
Over time, other players have emerged, such as China, which entered the global economy in 2001 with the U.S. Nigeria arbitral award and the issue of fraud and corruption. Patocchi spoke about the issue of a challenges to awards on grounds of corruption or fraud tainting the proceedings. He referred to Prof.
In recent years, many States have signed investment treaties containing this type of clause based on the US Model BIT (2004), which itself reflects NAFTA case law following the FTC 2001 Note of Interpretation , which clarified that tribunals must apply the MST and no other standard.
In July 2001, state parties to the North Atlantic Free Trade Agreement (“NAFTA”) issued a joint interpretation , limiting the FET under NAFTA to the minimum standard of treatment under customary international law. States have taken three approaches to prevent what they consider to be an expansive interpretation of the FET.
2001-4, Partial Award, 17 March 2006. 2001-4, Partial Award, 17 March 2006. 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
Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy. On 27 October 2023, the Claimant applied to set aside the third partial award by filing an originating application known as OA 1109. However, there was a good reason for how the events developed.
More recent advancements in Mongolia’s international investment initiatives include the Canada-Mongolia BIT (2016) and Japan-Mongolia Economic Partnership Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001) ).
The Appellant applied to the Singapore High Court (HC) to set aside the Award under section 48 of the Arbitration Act 2001 (2020 Rev Ed) (AA). The HC dismissed the application. the infra petita ground of challenge); and there was a breach of the fair hearing rule and hence a breach of natural justice arising from the foregoing facts.
These included Sections 67 , 68 and 69 of the English Arbitration Act, 1996 ; Section 49 of the Singapore Arbitration Act, 2001 ; Section 11 of the US Federal Arbitration Act, 1925 ; and Section 34A of Australian Model Commercial Arbitration , all of which expressly carve-out powers for the court to vary an arbitral award in limited circumstances.
The coverup of sexual assault against Indian children and subsequent whistleblowing in 2001 on Theft from Ground Zero ended my highly successful twenty-five-year career in the FBI. Congresss work on behalf of whistleblowers has enabled the United States to become the leading country in the world in fighting corruption.
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